Gerard Hogan v Michael Riley, Wayne Clark, Brendan Byatt and Iqon Pty Ltd

Applicant: ABCC Inspector Gerard Hogan

Respondent(s): Michael Riley, Wayne Clark, Brendan Byatt, Iqon Pty Ltd

Date filed: 28 December 2007

Court Findings:

On 12 November 2010 the Federal Magistrates Court found Iqon Pty Ltd, Brendan Byatt and Michael Riley contravened the right of entry provision at s.767(3) of the Workplace Relations Act 1996 when they refused entry to CFMEU organisers who sought to enter the National Conventions Centre site in Canberra on 7 June 2007 for the purpose of investigating alleged breaches of the Occupational Health and Safety Act 1989 (ACT).

The organisers were attempting to gain entry to the site to investigate alleged breaches of the Occupational Health and Safety Act 1989 (ACT) and were authorised under that Act to enter the site without giving prior notice.

On 10 July 2009 the Federal Magistrates Court dismissed the case.

The ABCC appealed and the application was heard by the Full Court of the Federal Court on 22 February 2010.

The Full Court upheld the ABCC’s appeal, finding there was no obligation under the ACT OHS Act for the permit holders to provide particulars of the safety matter they wished to investigate.

The matter was remitted to the Federal Magistrates Court for determination of liability and penalties.

Court Outcome:

On 12 November 2010, the Federal Magistrates Court imposed penalties of $10,000 on Iqon Pty Ltd and penalties of $1,000 each on Mr Byatt and Mr Riley for contravening the right of entry provision at s.767(3) of the Workplace Relations Act 1996.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2009/269.html

the decision on penalty can be viewed at: http://www.austlii.edu.au/au/cases/cth/FMCA/2010/760.html