Construction, Forestry and Maritime Employees Union-Construction and General Division, SA Divisional Branch

[2024] FWC 3001

[2024] FWC 3001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512—Right of entry

Construction, Forestry and Maritime Employees Union-Construction and General Division, SA Divisional Branch

(RE2024/1041)

DEPUTY PRESIDENT SLEVIN SYDNEY, 29 OCTOBER 2024

Application for a right of entry permit for George McIntyre – whether fit and proper person to hold an entry permit under the Act – satisfied Mr McIntyre is a fit and proper person to hold a permit – permit issued.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) has applied to the Commission under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to Troy Leigh McIntyre. Mr McIntyre is employed by the CFMEU as an Organiser. Section 512 permits the Commission to issue a right of entry permit if satisfied that the person who is the subject of the application is a fit and proper person to hold a permit.

1. The principles for determining right of entry permit applications are well settled. The fitness and propriety of a proposed permit holder is assessed taking into account the permit qualification matters set out in s.513(1) having regard to the rights a permit holder can exercise under Part 3-4 of the Act, the limitations on and conditions attaching to the exercise of those rights, and responsibilities that are exercised in relation to those rights.

1. The focus of the Commission’s inquiry is not whether the proposed permit holder is a fit and proper person in some abstract sense. The inquiry is whether a proposed permit holder is a fit and proper person to hold an entry permit, and to exercise the powers, functions and responsibilities attached to holding a permit.[1] The Commission must be satisfied, at the time the application is determined, whether the proposed permit holder is a fit and proper person to hold an entry permit.

1. In support of its application the CFMEU filed declarations by Mr McIntyre and Mr Travis Hero-Singh, Executive Officer (the Declarations). According to the Declarations:

·  Mr McIntyre has received appropriate training about the rights and responsibilities of a permit holder by undertaking a course of training on the subject of a federal right of entry conducted on 1 October 2024 (s.513(1)(a) of the Act));

·  Mr McIntyre has never been convicted of an offence against an industrial law (s.513(1)(b) of the Act);

·  Mr McIntyre has never been convicted of an offence against a law of the Commonwealth, State, Territory or a foreign country, involving conduct described in s.513(1)(c) of the Act;

·  Neither Mr McIntyre nor any other person has been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by him (s.513(1)(d) of the Act);

·  Mr McIntyre has not had any entry permit issued under Part 3-4 of the Act or a similar law of the Commonwealth revoked, suspended or had imposed conditions on any such permit (s.513(1)(e) of the Act);

·  Mr McIntyre has not had cancelled, suspended or imposed conditions on any right of entry permit for industrial or occupational health and safety purposes that Mr McIntyre held under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(i) of the Act); and

·  Mr McIntyre has not been disqualified from exercising or applying for a right of entry permit for industrial or occupational health and safety purposes under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(ii) of the Act): and

·  There are no other matters relevant to the application indicating that he is not a fit and proper person to hold a permit.

1. I accept that the information disclosed in the Declarations concerning these matters is accurate and correct. These matters weigh in favour of a conclusion that Mr McIntyre is a fit and proper person to hold a right of entry permit.

1. Accordingly, I am satisfied that Mr McIntyre is a fit and proper person to hold a right of entry permit taking into account and weighing each of the permit qualification matters set out in s 513(1)(a) to (g) of the Act. The application by the CFMEU for an entry permit to be issued to Mr McIntyre is granted.

1. A permit will be issued separately.

DEPUTY PRESIDENT

[1] Maritime Union of Australia [2014] FWCFB 1973 at [23]; Communications, Electrical, Electronic, Energy, Information,

P Printed by authority of the Commonwealth Government Printer

<PR780735>

ostal, Plumbing and Allied Services Union of Australia, [2015] FWC 1522 at [32]