The CFMEU applied to the AIRC for orders to require BGC (Australia) Pty Ltd to allow CFMEU officials to exercise their right of entry to hold discussions with eligible employees at the Kalamunda Road Brickworks site at High Wycombe in Perth.
BGC had been refusing entry to CFMEU officials at the site because it claimed that they had been attempting to induce BGC employees to resign and take up employment with another employer. The company sought an undertaking from the union that its officials would not seek to "poach" employees.
The union denied the "poaching" allegations and said its officials were merely responding to workers’ questions about available work on sites in Perth. The CFMEU submitted that its officials were "holding discussions" as provided under the Workplace Relations Act 1996 (WR Act). The CFMEU argued that BGC’s condition of entry that the CFMEU provide an undertaking not to poach its employees was beyond BGC’s capacity under the WR Act.
On 18 January 2008, the AIRC decided that BGC should withdraw its requirement that the CFMEU undertake not to poach its employees prior to allowing them right of entry. BGC should allow right of entry to permit holders in accordance with the WR Act. The AIRC noted that should BGC become aware that any permit holders have been poaching its employees while exercising a right of entry, BGC may make applications under the WR Act to a court or the Commission.