THE CFMEU’s controversial new access rights to dragline crib rooms at a BHP Billiton Mitsubishi Alliance (BMA) coal mine is set to be tested by the High Court of Australia, after reports emerged the miner is seeking special leave to appeal.

As AREEA analysed in March, the Federal Court of Australia dismissed BHP Mitsubishi Alliance’s (BMA) appeal of last year’s Fair Work Commission decision that granted CFMEU officials access to the crib rooms of dragline machinery.

The case has attracted significant attention by all employers due to what many consider a ‘loose’ interpretation of the Fair Work Act’s contentious ‘lunchroom access’ provisions.

Specialist industrial relations newsletter Workplace Express last week reported that BMA was seeking special leave to appeal the Federal Court’s ruling to the High Court.

Implications for AREEA members

This case will continue to be closely watched by AREEA and its members given it exemplifies the absurdity of enhanced right of entry conditions under the Fair Work Act.

The key risk for AREEA members in this case is that any area in which employees are provided facilities to take meal or other breaks would likely be deemed appropriate areas for unions seeking access under the Fair Work Act’s ‘default lunchroom provisions’.

Therefore, when considering areas to allow for the taking of meal or other breaks, be aware that unions may successfully argue that those areas should be available to their permit holders for the purposes of union membership discussions.

AREEA will closely monitor any progress of BMA’s potential appeal through the High Court and continue to update members on the developments and implications.

Earlier this year, AREEA released an animated video highlighting the absurdity of the current rules for union worksite access and calling for urgent reform to restore balance. This is one key priority of our national workplace relations campaign advocating for five urgent reforms.

To bolster our campaign, resource employers that have been unfairly impacted by excessive union site entry laws can contact AREEA to anonymously report their experiences, including potential disruptions to operations and productivity and safety issues. Please email [email protected] to get involved in our campaign.