On 29 March 2010 Fair Work Australia (FWA) handed down an important decision dealing with right of entry conditions at the Pluto LNG project on WA’s Burrup Peninsula.
On 24 July 2009 the CFMEU filed an application with FWA challenging the right of entry regime implemented by the project manager, Foster Wheeler WorleyParsons (FWW).
Prior to the Fair Work Act 2009 (FW Act) coming into operation on 1 July 2009, unions had no right of entry to the Pluto LNG project for discussions with workers because there were no union agreements on the site. Under s.484 of the FW Act union representatives now have the right to enter sites for discussions with workers if the project employs workers the union is eligible to represent.
Unions reportedly served more than 150 entry notices in relation to the Pluto site in the first five weeks after the FW Act came into force.
The CFMEU challenged FWW requirements that unions:
- hold discussions in designated meeting areas; and
- identify in the entry notice the employer of the workers with whom discussions were to be held.
FWA Commissioner Williams found the three areas FWW had designated for union meetings ‘meet the legitimate interests of the employees and permit holders’. The union had argued that air-conditioned crib rooms were preferable venues.
Commissioner Williams also found it was reasonable for FWW to require the CFMEU to identify which contractor’s employees it wanted to meet.
The Commissioner recommended that FWW allow permit holders to have discussions with employees of more than one contractor at the same time, but only if the employees in question have their crib rooms adjacent to the same designated meeting area.
ABC Commissioner John Lloyd said:
‘The FWA decision is important in clarifying how the right of entry provisions can apply on large projects and has particular relevance for projects in the resources sector.
‘Right of entry is often a sensitive matter on construction sites and the procedures adopted must be consistent with the FW Act provisions.’
Further information:
- See the ABCC website: AMWU, CEPU and CFMEU v Foster Wheeler WorleyParsons (Pluto) Joint Venture
- See the ABCC fact sheet: Power to intervene in cases