Case Number: RE2008/2025
Applicant: CFMEU
Respondent: BGC (Australia) Pty Ltd
Before: Senior Deputy President Watson, AIRC, Perth
ABC Commissioner’s notice to intervene filed on: 12 February 2008
Hearing Dates: 27 & 28 February 2008 Subsequent to the decision of Commissioner Williams on 18 January 2008, CFMEU permit holders issued a notice under s.760 WR Act to enter the Brickworks site in Perth to hold discussions with workers. BGC requested that the proposed meeting be held at a specific location away from the lunch room. The CFMEU applied to the AIRC for an order under s.771 WR Act on the basis that BGC’s request that discussions be held in the specified location was unreasonable. The ABCC intervened in the proceedings conducted by SDP Watson.
On 28 February 2008 the AIRC handed down an interim decision that the location that BGC had specified was unreasonable. SDP Watson did not make any order at this stage but urged the parties to agree on a reasonable location for discussions.
SDP Watson endorsed the ABCC's submission that the parties should be encouraged to reach agreed procedures in relation to where discussions should be held and how the employees would be notified of a union permit holder’s entry. He stated that the parties may also consider an agreed form of words to announce the attendance of CFMEU officials to hold discussions with employees. Such a statement would be to the effect that the union is exercising a right under the Act to engage in discussions with employees who choose to do so, observing that involvement in discussions with the union is entirely a matter for each employee.
SDP Watson stated he would deliver later a more detailed decision on how he came to the conclusion that the request by BGC was unreasonable.
SDP Watson reserved his judgement in relation to making an order as to where discussions should be held. He stated he would deliver judgement on this if an agreed resolution could not be reached.
Related documents:
AIRC interim decision PR980946
AIRC decision PR980446