INDUSTRIAL LAW - right of entry - Part 3-4 Fair Work Act 2009 (Cth) ("FW Act") - whether s 500 of the FW Act, which requires that a permit holder exercising or seeking to exercise rights in accordance with Part 3-4, contravened - s 500 only engaged where a permit holder is or is seeking to exercise a right conferred by Part 3-4 of the FW Act and not where entry is made in another capacity - where the permit-holders did not provide notice of entry in accordance with s 487 - where the permit-holders did not produce their entry permits on request in accordance with s 489 - consideration of the meaning of "exercising ... rights in accordance with this Part" - the giving of notice under s 487 is a condition of the conferral of a right of entry under Part 3-4 - having not given notice, the permit-holders did not have and could not exercise a Part 3-4 right - whether the permit-holders were seeking to exercise a right of entry conferred by s 484 - (see below in relation to proper construction of "seeking to exercise rights in accordance with this Part") - the permit holders were not seeking to exercise a Part 3-4 right - whether entry in disregard of the requirements of ss 487 and 489 amounted to acting in an improper manner - consideration of "otherwise act in an improper manner"
STATUTORY INTERPRETATION -- consideration of the proper construction of "seeking to exercise rights in accordance with this Part" under s 500 of the FW Act - distinction between "seeking" and "purporting" - "in accordance with" means "in conformity with" - the word "seeking" in s 500 connotes a subjective intention to exercise rights and includes the intended but flawed exercise of the right.
INDUSTRIAL LAW - right of entry - FW Act, s 503 - where union permit-holders, in the course of entering premises without any right of entry, made certain statements - whether the act of entering and the statements made amounted to taking action, intentionally or recklessly, to give the impression that the permit-holders were authorised to enter - none of the permit-holders' conduct evinced an intention to give the impression that they were authorised to enter, nor was it reckless as to whether that intention was given
INDUSTRIAL LAW - adverse action - FW Act, s 340 - where union official, in the course of entering premises without any right of entry, made threats to a site manager to take action to disrupt work - threat capable of constituting adverse action under s 341 - allegation that adverse action taken in response to the site manager's request under s 489 for the official to produce his permit - whether a request to see a permit constitutes the exercise of a workplace right - any obligation to produce a permit under s 489 is limited to entries made under subdivision B of Part 3-4 and the section is not engaged where a permit-holder enters in any other capacity - in any event, s 489 does not confer any workplace right upon an occupier
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