Fair Work Australia’s decision to overturn Commissioner John Ryan’s decision in the Dunlop Foams case is “sensible and very welcome," according to Australian Industry Group (Ai Group) chief executive Heather Ridout.
Fair Work Australia had cleared an agreement between Dunlop Foam and the National Union of Workers (NUW) allowing NUW officials to enter premises at any time to converse with staff.
Ai Group lodged the appeal and argued that Commissioner Ryan was wrong to characterise the right of entry clause in the Dunlop Foams enterprise agreement as an “invitation" by the employer for union officials to enter the employer’s premises, and wrong to decide that the clause was lawful.
"The Full Bench decision will stop unions continuing their practice of trying to circumvent the requirements of the Act by characterising right of entry clauses in agreements as invitations by the employer to enter,” said Ridout.
"The right of entry and unlawful term provisions of the Fair Work Act were the subject of extensive discussion and debate between the Government, Ai Group and unions during the development of the legislation. A balance was struck between the competing interests and today’s Full Bench decision preserves that balance.”