Australian Nursing and Midwifery Federation - Victorian Branch

[2022] FWC 127

[2022] FWC 127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512—Right of entry

Australian Nursing and Midwifery Federation - Victorian Branch

(RE2021/1367)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 28 JANUARY 2022

Application for a right of entry permit for Tara Alexandra Nipe – permit previously issued - permit never received – order revoking missing permit – permit reissued.

1. The Australian Nursing and Midwifery Federation (ANMF) applied under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to its official, Ms Tara Alexandra Nipe. The Commission subsequently issued Ms Nipe a right of entry permit which will expire on 16 December 2024.

1. Ms Nipe’s permit is one of the 37 missing entry permits referred to in decision [2022] FWC 123. As indicated in that decision, in order for Ms Nipe to hold a valid entry permit, the missing permit must be revoked and a permit must be reissued. In order to issue a permit to Ms Nipe, I need to be satisfied that she is a fit and proper person to hold a permit under the Act taking into account the permit qualification matters. The relevant statutory considerations set out in [2022] FWC 123 are adopted here and need not be repeated.

Consideration

1. In support of its application the ANMF filed declarations by Ms Nipe and Ms Lisa Fitzpatrick, Secretary (the Declarations).

Permit qualification matters – s.513(1)(a), (b), (c), (d), (e) and (f)

1. According to the Declarations:

·   Ms Nipe has received appropriate training about the rights and responsibilities of a permit holder by undertaking a course of training on the subject of a federal right of entry conducted on 23 August 2021 (s.513(1)(a) of the Act));[1] 

·   Ms Nipe has never been convicted of an offence against an industrial law (s.513(1)(b) of the Act);[2]

·   Ms Nipe has never been convicted of an offence against a law of the Commonwealth, State, Territory or a foreign country, involving conduct described in s.513(1)(c) of the Act;[3]

·   Neither Ms Nipe nor any other person has been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by her (s.513(1)(d) of the Act);[4]

·   Ms Nipe has not had any entry permit issued under Part 3-4 of the Act or a similar law of the Commonwealth revoked, suspended or had imposed conditions on any such permit (s.513(1)(e) of the Act);[5]

·   Ms Nipe has not had cancelled, suspended or imposed conditions on any right of entry permit for industrial or occupational health and safety purposes that Ms Nipe held under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(i) of the Act);[6] and

·   Ms Nipe has not been disqualified from exercising or applying for a right of entry permit for industrial or occupational health and safety purposes under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(ii) of the Act).[7]

1. I accept that the information disclosed in the Declarations concerning these matters is accurate and correct. These matters weigh in favour of a conclusion that Ms Nipe is a fit and proper person to hold a right of entry permit.

Permit qualification matters – s.513(1)(g)

1. There are no other matters of which I am aware that I consider relevant to the determination of whether Ms Nipe is a fit and proper person to hold an entry permit.

Conclusion

1. Pursuant to s.603 of the Act, the entry permit formerly issued to Ms Nipe by decision of the delegate is revoked with effect from the date of this decision. A revocation order is separately issued in PR737825.

1. Taking in account the permit qualification matters, for the reasons earlier stated I am satisfied that Ms Nipe is a fit and proper person to hold an entry permit.

1. A permit will be reissued to Ms Nipe separately.

DEPUTY PRESIDENT

[1] Form F42, Declaration by proposed permit holder dated 15 December 2021 at (a) and ACTU Certificate of Completion dated 23 August 2021

[2] Ibid at (b)

[3] Ibid at (c)

[4] Ibid at (d)

[5] Ibid at (e)

[6] Ibid at (f)

[7] Ibid at (g)

Printed by authority of the Commonwealth Government Printer

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