"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)-Queensland Branch

[2025] FWC 2468

[2025] FWC 2468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512 - Application for a right of entry permit

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)-Queensland Branch

(RE2025/620)

DEPUTY PRESIDENT BUTLER BRISBANE, 21 AUGUST 2025

Application by AMWU for issue of right of entry permit for Mr Lindsay Allan James Wells – satisfied that fit and proper person – permit issued

1. On 30 June 2025, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the Union) made an application to the Fair Work Commission pursuant to s 512 of the Fair Work Act 2009 (Cth) (the Fair Work Act) for an entry permit[1] for Mr Lindsay Allan James Wells.

1. The Applicant says that Mr Wells holds the position of State Organiser with the Queensland and Northern Territory Branch (the Qld-NT Branch) of the Union. It says that Mr Wells has not previously held an entry permit.

Statutory framework

1. Part 3-4 of the Fair Work Act provides for “the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role” under industrial and occupational health and safety laws.[2]

1. Section 512 of the Fair Work Act provides that the Commission may, on application by an organisation, issue an entry permit to an official of the organisation if the Commission is satisfied that the official is a “fit and proper person” to hold the entry permit.

1. In deciding whether the official is a fit and proper person, the Commission must have regard to the permit qualification matters set out in s 513(1) of the Fair Work Act.

1. Vice President Hatcher (as His Honour then was) set out various principles relevant to the interpretation and application of ss 512 and 513(1) of the Act in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.[3] The phrase “fit and proper person” has been considered by a Full Court of the Federal Court in Maritime Union of Australia v Fair Work Commission.[4] I have had regard to those authorities in deciding this application.

1. Section 515 of the Fair Work Act allows the Commission to impose conditions on entry permits, taking into account the permit qualification matters. This should be considered in conjunction with assessing fitness and propriety.[5]

Declarations

1. Mr Rohan Dennis Webb, the State Secretary and a member of the Committee of Management of the Qld-NT Branch, is the signatory for the application. I am satisfied that the application has been made by the Union, which is an organisation for the purposes of the Fair Work Act.

1. In support of its application, the Union filed declarations by Mr Wells and Mr Webb as contemplated by the Commission’s prescribed form. According to those declarations, and subject to a matter that I will deal with below:

   ·Mr Wells has received appropriate training about the rights and responsibilities of a permit holder, by completing an approved right of entry training course on 24 April 2025;

·Mr Wells has never been convicted of an offence against an industrial law;

·Mr Wells has never been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving entry onto premises, or fraud or dishonesty, or intentional use of violence against another person or intentional damage or destruction of property;

·neither Mr Wells nor any other person has been ordered to pay a penalty under the Act or any other industrial law in relation to action taken by Mr Wells;

·Mr Wells has not had any entry permit issued under Part 3–4 of the Fair Work Act or a similar law of the Commonwealth revoked, suspended or made subject to conditions;

·Mr Wells has not had an entry permit under State or Territory industrial or occupational health and safety laws which has been cancelled, suspended or been made subject to conditions, nor has he been disqualified under such laws from exercising or applying for an entry permit; and

·there are no other matters (of which the declarants are aware) that may be relevant to whether Mr Wells is a fit and proper person to hold a permit.

1. I accept that the information set out in the previous paragraph, as disclosed in the declarations made by Mr Wells and Mr Webb, concerning these matters, is true and correct.

1. Mr Wells forthrightly made a disclosure in his application that need not have been made and that I cannot take into account.[6] On that basis I will not have regard to this disclosure in assessing whether Mr Wells is a fit and proper person.

Consideration and conclusion

1. The permit qualification matters weigh in favour of a conclusion that Mr Wells is a fit and proper person to hold an entry permit and exercise the powers, functions, and responsibilities attached to holding a permit. After taking into account and weighing each of the permit qualification matters set out in s 513(1)(a) to (g) of the Act, I am satisfied, on balance, that Mr Wells is a fit and proper person to hold a right of entry permit.

1. I am satisfied that it is appropriate to exercise the discretion conferred on me by s 512 of the Act in favour of issuing Mr Wells with an entry permit.

1. I have considered whether any conditions should be imposed on any entry permit issued to Mr Wells in conjunction with my consideration of whether he is a fit and proper person to hold an entry permit. I have concluded that no conditions should be imposed.

DEPUTY PRESIDENT

[1] An entry permit is a permit issued pursuant to s 512 of the Fair Work Act 2009.

[2] Fair Work Act s 478.

[3] [2015] FWC 1522 per Hatcher VP as His Honour then was.

[4] [2015] FCAFC 56 per North, Flick and Bromberg JJ.

[5] Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56 per North, Flick and Bromberg JJ at [35]-[36].

[6] Fair Work Act 2009 (Cth), subs 513(2) and Crimes Act 1914 (Cth), Division 3, Division 6 s 85ZZH(c), and ss 85ZL and 85ZM. See also Frugtniet v Australian Securities and Investments [2019] HCA 16, [25] (Kiefel CJ, Keane and Nettle JJ.)

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