This means the High Court upheld the Full Federal Court's decision that when a health and safety representative (HSR) who seeks occupational health and safety assistance from a person who is also a union official, that union official is required to hold a federal entry permit.
The High Court's decision is final and there are no other avenues of appeal.
Therefore, the decision of the Full Federal Court stands. That is, a union official who assists a HSR with an OHS issue under section 58 or an Inspector under section 122 of the Victorian Occupational Health and Safety Act 2004, must hold a federal entry permit under the Fair Work Act 2009.
Guidance for people assisting HSRs is available on WorkSafe's website at www.worksafe.vic.gov.au