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

[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.

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.

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.

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

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

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).

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

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.

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

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.

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.

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

The Australasian Meat Industry Employees Union, The New South Wales Branch, applied for a right of entry permit to be issued under the relevant Act. The permit was issued, but the Union did not receive it. Subsequently, the decision to issue the permit was revoked. The Union then applied for the permit to be reissued. The court was required to determine whether the Union was a fit and proper person to hold an entry permit under the Act.

The court examined the criteria for determining whether the Union was a fit and proper person to hold a permit. This included assessing the Union's compliance with the Act and its members' conduct. The court found that the Union had complied with the Act and its members had not engaged in conduct that would render the Union unfit to hold a permit. The court also considered the Union's history, reputation, and governance structure.

The court concluded that the Union was a fit and proper person to hold an entry permit under the Act. The court found that the revocation of the decision to issue the permit was invalid because the Union had not been given an opportunity to be heard. The court issued an order that the Union be granted an entry permit and that the decision to revoke the permit be set aside. The court also ordered that the permit be reissued to the Union.

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

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