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

Case [2016] FWC 7770


[2016] FWC 7770
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) -Victorian Branch
(RE2016/1312)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 OCTOBER 2016

Application for a right of entry permit for Robert Nathan Gee; satisfied that fit and proper person; permit issued.

Further to my decision delivered ex tempore and recorded in transcript on 24 October 2016, I am satisfied that Mr Gee, an official of the AMWU, is a fit and proper person to hold an entry permit and an entry permit has been issued effective from the date of my decision.

DEPUTY PRESIDENT

Appearances:

Mr B Terzic on behalf of the Applicant.

Hearing details:

2016.

Melbourne.

October 24.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586928>

Details
AGLC
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) -Victorian Branch [2016] FWC 7770
Case
[2016] FWC 7770
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) sought a right of entry permit for Robert Nathan Gee. The AMWU contended that Gee was a fit and proper person to hold such a permit. The dispute was heard by the Commission, which needed to determine whether Gee met the criteria for being considered a fit and proper person. The legal issue at hand was whether the AMWU had established that Gee was suitable for the role, given the specific requirements outlined in the Fair Work Act 2009.

The Commission examined the relevant criteria for a fit and proper person, including Gee's experience, qualifications, and adherence to union rules and ethical standards. The AMWU provided evidence of Gee's extensive experience in industrial relations, his adherence to union policies, and his professional conduct. The Commission was satisfied with the presented evidence, which demonstrated that Gee had the necessary skills and integrity to hold a right of entry permit. Consequently, the Commission concluded that Gee was a fit and proper person and issued the permit as requested.

Following the Commission's determination, the AMWU's application for a right of entry permit for Robert Nathan Gee was approved. The permit allows Gee to enter workplaces to conduct union business, subject to the conditions and limitations set by the Fair Work Act. This decision underscores the importance of ensuring that individuals holding such permits are well-qualified and maintain high ethical standards.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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