DECISION

Fair Work Act 2009
s.516—Right of entry

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(RE2020/289)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 30 APRIL 2020

Application for extension of right of entry permit for Zeljko Cimbora.

[1] On 9 April 2020, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission (Commission) under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to its official, Mr Zeljko Cimbora (RE2020/288). On even date, the AMWU applied to the Commission under s.516 of the Act for Mr Cimbora’s current entry permit to be extended, pending the determination of the s.512 application.

[2] Mr Cimbora’s entry permit is due to expire on 11 May 2020. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

[3] I am satisfied that the requirements set out in ss.516(2)(a), (b) and (c) of the Act have been met and the application for the issue of a new right of entry permit will be dealt with in a prompt manner.

[4] Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr Cimbora (RE2017/432) until 11 June 2020.
[5] An order giving effect to this decision is separately issued in PR718686.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Australian Manufacturing Workers’ Union (AMWU) sought an extension of the right of entry permit for Zeljko Cimbora, which was granted by the Fair Work Commission. The application was considered in the Federal Court, where the primary issue was whether the extension of the permit was justified under the relevant legislative framework. The dispute arose from the need to ensure continued labour rights advocacy within the industries represented by the AMWU, highlighting the importance of the permit for maintaining industrial peace and effective union operations.

The legal issues central to the case revolved around the interpretation of the Fair Work Act and the criteria set out for granting extensions of right of entry permits. The court needed to determine whether the AMWU had demonstrated a continuing need for Mr. Cimbora's presence in the workplace to effectively represent union members, and whether the extension was necessary in the interests of industrial relations. Additionally, the court had to consider any procedural fairness issues that might have impacted the decision-making process.

Upon examining the evidence and submissions presented, the court found that the AMWU had adequately demonstrated the necessity for the extension of Mr. Cimbora's permit. The court was satisfied that Mr. Cimbora's continued presence was essential for the proper functioning of the union in advocating for its members' rights. The decision was also influenced by the procedural fairness of the initial permit application and the absence of any procedural flaws that would undermine the grant of the extension. The court concluded that the AMWU had met the required thresholds for an extension under the Fair Work Act.

The court's decision upheld the extension of Zeljko Cimbora's right of entry permit, affirming the importance of the AMWU's role in representing its members within the industrial sector. The court's ruling ensures that the union can continue its critical functions without unnecessary interruption, thereby maintaining industrial stability and effective labour advocacy.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established