The CFMEU sought orders pursuant to s.772 to allow union officials to exercise their right of entry to freely engage in discussions with members and those eligible to be members.
The union’s application alleged that when union officials sought to hold discussions with eligible employees engaged by PS Structures on a site at Perth Modern School, the company's project manager had insisted on remaining in the room where the discussion were to be held. The union claimed that this constituted an intention to hinder and obstruct the officials in exercising their rights.
The company denied the union’s allegations and offered to agree on a set of arrangements concerning union entry to the site which would be the subject of an order by the AIRC.
On 18 July 2008, the parties settled a consent draft order to apply until the completion of the construction and building works at the school site. The Commission subsequently formalised the consent order on the same day.