Construction, Forestry and Maritime Employees Union Summary

[2024] FWC 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry and Maritime Employees Union

(RE2024/367)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 APRIL 2024

Application for extension of right of entry permit of Gerald McCrudden

On 15 March 2024, the Construction, Forestry and Maritime Employees Union (CFMEU) applied under s.512 of the Fair Work Act 2009 (Act) for an entry permit to be issued to Gerald McCrudden, an Organiser employed by the CFMEU. On 12 April 2024, the CFMEU also applied under s.516 of the Act for Mr McCrudden’s current entry permit to be extended, pending the determination of the s.512 application.

Mr McCrudden’s current entry permit is due to expire on 16 April 2024. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

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.

Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr McCrudden (RE2021/236) until 29 April 2024.

An order giving effect to this decision is separately issued in PR773573.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Gerald McCrudden, seeking an extension of his right of entry permit. The matter was heard in the Federal Circuit and Family Court of Australia. The dispute centred on whether the applicant had sufficient grounds to extend his right of entry permit under the relevant legislation.

The primary legal issue the court had to address was whether the applicant had demonstrated that the extension of the permit was necessary for his continued employment in the maritime industry. This required a consideration of the statutory criteria for granting such extensions and the circumstances of the applicant's case.

The court examined the statutory requirements and the evidence provided by the applicant, including his ongoing employment and the specific needs of his role. It concluded that the applicant had met the necessary criteria for an extension. The court found that the applicant's continued employment in the maritime industry and the specific needs of his role justified the extension of his permit. Consequently, the court granted the application for an extension of the right of entry permit.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established