Cases arises from construction of electrical transmission line between power grids of three states
The Federal Court found that a construction contractor contravened s. 501 of the Fair Work Act 2009 by preventing the entry of a union official with a permit allowing him to go into the premises under s. 484 of the legislation.
Elecnor Australia Pty Ltd – a construction contractor and the respondent in this case – had a project involving the construction of an electrical transmission line between the power grids of South Australia, Victoria, and New South Wales.
Around 47 workers furnished labour to the project. These workers had employment as “linesmen” or “lineworkers” for Catalpa Energy Pty Ltd, whose business entailed assembling and erecting power transmission towers.
In May 2023, officials of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – which was the first applicant in this case – attempted to enter the premises that Elecnor was occupying during the project’s duration.
The officials claimed that they were entitled to entry under s. 484, given that they were going there to engage in discussions with the Catalpa-supplied workers who were stationed at the premises and who had industrial interests that the union had the right to represent. Elecnor’s officers or employees denied the entry sought by the union officials, including the second applicant in this case.
The union and its officials then initiated proceedings asking the court to order Elecnor to pay a monetary penalty based on its denial of entry into the premises, which allegedly went against s. 501. Elecnor claimed that there was no such breach of the provision.
Elecnor argued that the officials had no right to represent the industrial interests of the relevant workers and no right to enter the premises. The workers were not working at the premises, which were primarily used for residential purposes, Elecnor alleged.
In Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Elecnor Australia Pty Ltd, [2025] FCA 156, the Federal Court of Australia ruled that the second applicant was entitled to enter the premises on both 9 and 10 May 2023 under s. 484.
The court determined that the second applicant attempted to enter the premises on those dates with the goal of holding discussions with the Catalpa-supplied workers and with the genuine belief that the union was entitled to represent their industrial interests. The court added that the Catalpa workers did perform work on the premises and did wish to engage in the discussions.
Next, the court found that the second applicant held an entry permit, which was issued by the Fair Work Commission under s. 512 of the Fair Work Act and which was valid on the dates that he tried to go into the premises. The court noted that entry notices – sent to Elecnor on the second applicant’s behalf under s. 487(1)(b) of the Fair Work Act – complied with s. 518 of the Fair Work Act.
The court concluded that Elecnor violated s. 501 when its officers or employees denied entry to the applicant as a permit holder on 9 and 10 May 2023. The evidence supported that Elecnor did not believe that the union could represent the Catalpa workers’ industrial interests and did not intend to cooperate with the union or its officials in this context, the court said.
“In those circumstances, Elecnor’s various claims about working hours, residential premises and the absence of workers on particular premises at particular times, might reasonably be seen as being somewhat specious, if not disingenuous,” wrote Justice Michael Wigney for the Federal Court.
