Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch

The Fair Work Commission (Commission) was required to decide whether Peter Mooney, an official of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, was a "fit and proper person" to hold an entry permit under the Fair Work Act 2009 (the Act). The Commission needed to take into account the "permit qualification matters" listed in section 513(1) of the Act. The CEPU argued that the "permit qualification matters" must be read down to be relevant only to the exercise of entry permit rights. The Commission disagreed and found that the "permit qualification matters" must be taken into account in their entirety. The Commission found that Mr Mooney had not been convicted of any offences and had completed relevant training. However, the Commission was concerned about the penalties imposed on Mr Mooney and the CEPU in several matters, particularly Martino, Stuart, Cozadinos and Hardwick. In those matters, Mr Mooney had been found to have engaged in unlawful industrial action, which led to the imposition of significant penalties. The Commission was also concerned about the failure of Mr Mooney and the CEPU to disclose relevant matters in previous applications for a right of entry permit for Mr Mooney. The Commission concluded that it was not satisfied that Mr Mooney was a "fit and proper person" to hold an entry permit and refused the application.