Australasian Meat Industry Employees Union, The-New South Wales Branch

[2024] FWC 3317

[2024] FWC 3317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512 - Application for a right of entry permit

Australasian Meat Industry Employees Union, The-New South Wales Branch

(RE2024/1165)

DEPUTY PRESIDENT ROBERTS SYDNEY, 29 NOVEMBER 2024

Application for a right of entry permit – entry permit issued but not received – revocation of decision to issue permit - whether a fit and proper person to hold an entry permit under the Act – permit issued.

1. On 1 August 2024 the Australasian Meat Industry Employees Union (AMIEU) applied[1] to the Commission under s.512 of the Fair Work Act 2009 (Cth) (Act) for a right of entry permit to be issued to its official, Mr Mark Andrew Perkins.

1. The application was approved and Mr Perkins was issued with an entry permit on 6 August 2024. The expiry date of the permit was 6 August 2027.

1. On 13 November 2024 Mr. Perkins provided a statutory declaration to the Commission in which he declared that the permit that had been issued and posted had not been received.[2] A new permit is sought to replace the document that was previously issued and is presumed to be lost.

Revocation of existing permit

1. Before dealing with the application for a new permit, I will deal with the revocation of the existing permit.

1. A decision of the Commission to issue an entry permit is a decision which falls within the scope of s.603(1) of the Act in that it is a decision made by the Commission under the Act that covered by the exclusions in s.603(3).

1. In the circumstances, I consider it appropriate to exercise the discretion to revoke the entry permit issued by the decision of the Commission to Mr Perkins in RE2024/803.

Application for a right of entry permit – permit qualification matters

1. Reliance is placed on the original application in matter RE2024/803 and the material filed in support of that application to support the application for a new permit. I accept that the information provided in the Declarations relating to the permit qualification matters set out in s.513 is accurate and correct. This weighs in favour of a conclusion that Mr. Perkins is a fit and proper person to hold a right of entry permit.

1. There are no other matters of which I am aware that I consider relevant to the determination of whether Mr. Perkins is a fit and proper person to hold an entry permit (s.513(1)(g)).

Conclusion

1. Pursuant to s.603 of the Act, the entry permit RE2024/803 issued to Mr Perkins by decision of the Commission is revoked with effect from the date of this decision. A revocation order is issued separately in PR781842.

1. Taking into account the permit qualification matters, I am satisfied that Mr Perkins is a fit and proper person to hold an entry permit. The application for an entry permit to be issued to Mr Perkins is granted.

1. A permit will be issued separately. The expiry date of the permit will be 6 August 2027.

DEPUTY PRESIDENT

[1] RE2024/803.

[2] Statutory Declaration of Mr Tawanda Karasa dated 21 October 2024.

Printed by authority of the Commonwealth Government Printer

<PR781841>