Application by Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWC 293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Application by Construction, Forestry, Maritime, Mining and Energy Union

(RE2022/1427)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 FEBRUARY 2023

Application for extension of right of entry permit of Cameron David Hardy

On 16 December 2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied under s.512 of the Fair Work Act 2009 (Act) for an entry permit to be issued to Cameron David Hardy, an Organiser employed by the CFMMEU. On the same day, the CFMMEU also applied under s.516 of the Act for Mr Hardy’s current entry permit to be extended, pending the determination of the s.512 application.

Mr Hardy’s current entry permit expires on 6 February 2023. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

I am satisfied that the requirements set out in ss.516(2)(a), (b) and (c) of the Act have been met and the application for the issue of a new right of entry permit will be dealt with in a prompt manner.

Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr Hardy’s (RE2019/1250) until 3 April 2023.

An order giving effect to this decision is separately issued in PR750198.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought an extension of the right of entry permit for Cameron David Hardy, an Organiser employed by the union, before the Fair Work Commission. The application was made under section 516 of the Fair Work Act 2009. The union's existing permit was due to expire on 6 February 2023, and a new permit was applied for under section 512 of the Act. The Deputy President, Gostencnik, was tasked with deciding whether the requirements of section 516(2) of the Act had been met for the extension to be granted.

The legal issues centred on whether the application satisfied the statutory requirements for an extension of a right of entry permit, specifically under section 516(2) of the Fair Work Act 2009. This section requires that the application is made at least one month before the permit expires, which was confirmed to be the case here. Furthermore, the application must meet the criteria outlined in sections 516(2)(a), (b), and (c) of the Act, which the Deputy President found to be fulfilled.

The Deputy President, Gostencnik, concluded that the statutory criteria for the extension had been met and that the application was made within the requisite timeframe. Consequently, the Deputy President granted the extension of Mr Hardy's right of entry permit until 3 April 2023. This decision was made in the context of ensuring that the permit would remain valid pending the determination of the separate application for a new permit.

An order was issued to reflect the decision, which is detailed in PR750198. This order provides the formal recognition of the extension granted to Mr Hardy's right of entry permit, ensuring continuity in his role as an Organiser for the CFMMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established