Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland Divisional Branch – Mark Bateman

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Queensland Divisional Branch, along with its members, Mark Bateman and Peter Ong, who sought a right of entry permit under the Building and Construction Industry (Security of Payment) Act 2002 (Qld). The dispute was adjudicated by the Queensland Civil and Administrative Tribunal (QCAT). The union and its members argued that the applications for the right of entry permits should be granted, contending that the requirements for such permits were met, and that Bateman and Ong were fit and proper persons to hold these permits.

The primary legal issue before the tribunal was whether Bateman and Ong were fit and proper persons to hold the right of entry permits as per the provisions of the Act. This determination involved assessing the applicants' character, their history of compliance with the Act, and any other relevant factors that might indicate their suitability. The union argued that Bateman and Ong had no adverse history and were, therefore, fit and proper persons for the permits. The tribunal needed to weigh this argument against any potential concerns that might arise from the applicants' backgrounds or conduct.

In its decision, the tribunal found that Bateman and Ong met the criteria for being considered fit and proper persons. The tribunal noted that there was no evidence presented to suggest otherwise, and both applicants had a clean record in relation to their compliance with the Act. Consequently, the tribunal granted the applications for the right of entry permits for Bateman and Ong. The tribunal's decision was based on the absence of any disqualifying factors and the applicants' apparent suitability for the roles they sought to undertake.

The tribunal ordered that the applications for the right of entry permits for Mark Bateman and Peter Ong be granted, recognising them as fit and proper persons under the Act. This decision allows Bateman and Ong to proceed with their intended activities, subject to the conditions and obligations outlined in the Act.