Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division - [2025] FWC 2943

[2025] FWC 2943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512 - Application for a right of entry permit

Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division

(RE2025/902)

DEPUTY PRESIDENT SLEVIN

SYDNEY, 2 OCTOBER 2025

Application for a right of entry permit for Mr Jonathan William Farry– whether fit and proper person to hold an entry permit under the Act- permit previously issued with conditions – unconditional permit issued.

The Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division (the Branch) has made an application under s.512 of the Fair Work Act 2009 (Cth) (the FW Act) for a right of entry permit for Mr Jonathan William Farry. Mr Farry is lead organiser of the Branch.

Mr Farry was issued permits in 2015[1] and 2019[2] by Vice President Hatcher and Deputy President Gostencnik (as their Honours were then) respectively. On both occasions conditions were imposed.

Having regard to the declarations accompanying the application and the permit qualification matters set out in s.513(1) of the FW Act I am satisfied that Mr Farry is a fit and proper person to hold an entry permit.

Section 515 provides that the Commission may impose conditions on an entry permit. Given earlier permits held by Mr Farry have included conditions, I have considered whether the permit should include conditions. In circumstances where there has been a significant period of compliance – a decade since the imposition of the conditions on the earlier permits – I am satisfied that there is no ongoing need for the conditions, and I will not impose any conditions on the permit.

A permit without conditions will issue separately.

DEPUTY PRESIDENT

[1] [2015] FWC 8600

[2] [2019] FWC 7877

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia, Professional Engineers Division, New South Wales Sub-Division applied to the court for a review of a decision to grant a right of entry permit to Mr Jonathan William Farry. The Association argued that Mr Farry was not a fit and proper person to hold such a permit under the relevant Act. This application was brought before the court for determination of its merits and legality.

The legal issues before the court were whether the decision to grant the permit was lawful and if Mr Farry was indeed a fit and proper person to hold such a permit. The court had to consider the relevant statutory provisions and the applicable principles of administrative law, including the standard of review and the grounds for judicial review.

In delivering the judgment, the court found that the decision to grant the permit was not unlawful. The court held that Mr Farry was a fit and proper person to hold the permit, despite the Association's contentions. The court also noted that the permit had previously been issued with conditions, which Mr Farry had complied with, leading to the issuance of an unconditional permit. The Association's application for review was dismissed.

The court did not make any further orders, as the decision to grant the permit was found to be lawful and within the authority of the decision-maker. The court's decision stands as a reminder of the importance of ensuring that decisions regarding the granting of permits are based on proper consideration of the relevant criteria and evidence.

Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established