Applications by The Australian Workers’ Union

The Australian Workers’ Union applied for entry permits for two individuals, Douglas Charles Heath and Daniel Christopher Cain, to enter Australia for the purpose of engaging in industrial action. The union argued that both individuals were employees and officials of the AWU, and therefore qualified for the entry permits under the relevant legislation. The primary legal issues before the court were whether Mr Cain and Mr Heath were indeed employees and officials of the AWU, and if they were fit and proper persons to hold the entry permits under the Act.

The court examined the evidence provided by the AWU and found that Mr Cain was an employee and official of the union. Consequently, the court was satisfied that Mr Cain was a fit and proper person to hold the permit. In contrast, while the court determined that Mr Heath was an employee of the union, it did not find him to be an official. Nevertheless, the court was satisfied that Mr Heath was a fit and proper person to hold the permit, but with a condition attached.

In reaching its decision, the court considered the evidence presented by the AWU, the criteria for holding an entry permit under the Act, and the respective roles of Mr Cain and Mr Heath within the union. The court found that Mr Cain met all the requirements for holding an entry permit without conditions, while Mr Heath's permit would be subject to a reporting condition. The court's decision was based on a careful analysis of the evidence and the relevant legal provisions.

The court ordered that an entry permit be issued to Mr Cain without any conditions. In the case of Mr Heath, the court ordered that an entry permit be issued, but with a reporting condition attached. This decision allowed both individuals to enter Australia for the specified purpose, subject to the conditions imposed.