Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson
Case
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[2018] FWC 1777
•12 APRIL 2018
Details
AGLC
Case
Decision Date
Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson [2018] FWC 1777
[2018] FWC 1777
12 APRIL 2018
CaseChat Overview and Summary
In the Federal Circuit Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union sought a right of entry permit for Mr Michael Kenneth Robinson. This application arose due to Mr Robinson's role as an accredited workplace representative under the Building and Construction Industry (Industrial Relations) Act 2008. The court was tasked with determining whether Mr Robinson met the criteria to hold such a permit. The union argued that Mr Robinson was a suitable candidate, given his background and experience as an accredited workplace representative.
The central legal issue before the court was whether Mr Robinson was a fit and proper person to hold an entry permit, as required by the relevant legislation. This involved examining Mr Robinson's qualifications, experience, and suitability for the role. The court considered evidence provided by the union regarding Mr Robinson's professional background, as well as any potential concerns that might disqualify him from holding the permit. The court needed to assess whether Mr Robinson's conduct and professional history aligned with the standards expected for someone in his position.
The court found that Mr Robinson met all the necessary criteria for being a fit and proper person to hold a right of entry permit. The evidence presented by the union demonstrated Mr Robinson's qualifications, experience, and suitability for the role. The court was satisfied with the union's submissions and determined that Mr Robinson was indeed fit to hold the permit. Consequently, the court granted the union's application, and an order was made for the permit to be issued to Mr Robinson.
The central legal issue before the court was whether Mr Robinson was a fit and proper person to hold an entry permit, as required by the relevant legislation. This involved examining Mr Robinson's qualifications, experience, and suitability for the role. The court considered evidence provided by the union regarding Mr Robinson's professional background, as well as any potential concerns that might disqualify him from holding the permit. The court needed to assess whether Mr Robinson's conduct and professional history aligned with the standards expected for someone in his position.
The court found that Mr Robinson met all the necessary criteria for being a fit and proper person to hold a right of entry permit. The evidence presented by the union demonstrated Mr Robinson's qualifications, experience, and suitability for the role. The court was satisfied with the union's submissions and determined that Mr Robinson was indeed fit to hold the permit. Consequently, the court granted the union's application, and an order was made for the permit to be issued to Mr Robinson.
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Key Legal Topics
Areas of Law
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Administrative Law
Legal Concepts
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Judicial Review
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Most Recent Citation
Application by Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, WA Divisional Branch [2023] FWC 728
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Statutory Material Cited
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