Construction, Forestry and Maritime Employees Union-New South Wales Branch Summary

[2024] FWC 2222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry and Maritime Employees Union-New South Wales Branch

(RE2024/830)

DEPUTY PRESIDENT BEAUMONT

PERTH, 20 AUGUST 2024

Application for an extension of a right of entry permit for Mr Joseph Uati

On 9 August 2024, the Construction, Forestry and Maritime Employees Union (CFMEU) applied under s 512 of the Fair Work Act 2009 (Cth) (the Act) for an entry permit to be issued to Joseph Uati. On 9 August 2024, the CFMEU also applied under s 516 of the Act for Mr Uati’s current entry permit[1] to be extended, pending the determination of the s 512 application.

Mr Uati’s current entry permit is due to expire on 15 September 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 Uati (RE2021/675) until 29 September 2024.

An order giving effect to this decision is separately issued in PR778483.

DEPUTY PRESIDENT

[1] RE2021/675 – Permit issued 15 September 2021 [2021] FWC 5992.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) made an application to the Fair Work Commission under the Fair Work Act 2009, seeking an extension to the existing right of entry permit for Mr Joseph Uati. The current permit was due to expire on 15 September 2024. The Deputy President of the Commission, Beaumont, considered the application and determined that the requirements for the extension were met. The application was made more than a month before the expiration date, and the reasons for the extension aligned with the provisions of the Act.

The legal issues at hand involved verifying whether the application for the extension of Mr Uati’s entry permit was made within the requisite timeframe and whether it satisfied the conditions outlined in sections 516(2)(a), (b), and (c) of the Act. The Deputy President found that both conditions were met, leading to the conclusion that the application was justified and should be granted. The Deputy President was satisfied that the requirements had been fulfilled, and the application for a new entry permit would be processed promptly.

In reaching the decision, the Deputy President confirmed that Mr Uati's current entry permit, RE2021/675, would be extended until 29 September 2024. This decision was made in accordance with the statutory requirements and was supported by the timely application and the alignment with the legislative provisions. The Deputy President’s decision was issued, and an order reflecting the decision was separately documented.

An order giving effect to this decision is separately issued in PR778483.

Construction, Forestry and Maritime Employees Union-New South Wales Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established