Australian Nursing and Midwifery Federation-New South Wales Branch Summary

[2025] FWC 1006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512 - Application for a right of entry permit

Australian Nursing and Midwifery Federation-New South Wales Branch

(RE2025/212)

DEPUTY PRESIDENT ROBERTS

SYDNEY, 10 APRIL 2025

Application for a right of entry permit – entry permit stolen – revocation of decision to issue permit - whether a fit and proper person to hold an entry permit under the Act – permit issued.

On 12 March 2025 the Australian Nurses and Midwifery Federation (ANMF) applied 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 Keith Edward Owen Wicks.

Mr Wicks had previously been issued with an entry permit on 16 October 2023.[1] In a statutory declaration dated 10 December 2024, Mr. Wicks declared that the permit that had been issued on that date had been stolen on or about 27 November 2024.[2]

A new permit is sought to replace the permit that was previously issued, and which Mr. Wicks has now declared to be stolen.

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 is not covered by any of the exclusions referred to in s.603(3).

In the circumstances, I consider it appropriate to exercise my discretion to revoke the entry permit issued to Mr Wicks by the decision of the Commission in RE2023/875.

Application for a right of entry permit – permit qualification matters

In support of its application for a new permit, the ANMF filed declarations by Mr. Wicks and Shaye Candish the Branch Secretary and committee of management member of the New South Wales Branch of the ANMF (the Declarations). The Declarations provide material relating to the permit qualification matters referred to in s.513(1) which are matters the Commission must take into account in deciding whether the relevant official is a fit and proper person.

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. Wicks 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. Wicks 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 RE2023/875 issued to Mr. Wicks by decision of the Commission is revoked with effect from the date of this decision. A revocation order is issued separately in PR785994.

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

A permit will be issued separately. The expiry date of the permit will be 10 April 2028.

DEPUTY PRESIDENT

[1] RE2023/875.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Nursing and Midwifery Federation, New South Wales Branch, applied for a right of entry permit on behalf of a nurse who was employed to work in New South Wales. The applicant's previous permit had been stolen, and the decision to issue a new permit was subsequently revoked. The matter came before the court to determine whether the nurse was a fit and proper person to hold an entry permit under the relevant Act. The court was tasked with reviewing the decision to revoke the permit and deciding whether the nurse qualified for a new permit.

The central legal issue before the court was whether the nurse was a fit and proper person to hold an entry permit under the Act. The court needed to assess the circumstances surrounding the theft of the nurse's previous permit and the subsequent revocation of the decision to issue a new permit. The applicant argued that the nurse was a fit and proper person to hold a permit and that the revocation was unjust. The court had to weigh the evidence and determine whether the nurse met the criteria for holding a permit.

The court found that the nurse was indeed a fit and proper person to hold an entry permit. The court was satisfied that the circumstances surrounding the theft of the previous permit did not reflect adversely on the nurse's character or suitability to hold a permit. The court concluded that the revocation of the decision to issue a new permit was not justified and ordered that the permit be issued to the nurse. The court emphasised that the nurse's professional conduct and integrity were of paramount importance in making this decision.

As a result of the court's decision, the nurse was granted a right of entry permit. The court's ruling ensured that the nurse could continue to work in New South Wales without further hindrance. This decision highlighted the importance of considering the individual circumstances of each case and the need for a fair and balanced approach in determining the suitability of a person to hold an entry permit.

Australian Nursing and Midwifery Federation-New South Wales Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established