Construction, Forestry, Maritime, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd
Citation: [2018] FCAFC 107
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) appealed a decision regarding when union representatives could enter a BHP Billiton Nickel West Pty Ltd workplace to discuss matters with employees. Section 490(2) of the Fair Work Act allows entry during “mealtimes or other breaks”. The CFMMEU argued this included times before an employee’s shift, while BHP contended discussions were limited to work hours.
What was decided
The Full Federal Court dismissed the CFMMEU's appeal. They found that "breaks" in the legislation refers to interruptions within working hours, not periods before or after a shift. Recourse to the Explanatory Memorandum was deemed unnecessary as the phrase “mealtimes or other breaks” was unambiguous.
What it means for employers
Employers should ensure union representatives can only hold discussions with
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →