Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWC 3106 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union

(RE2022/1251)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 NOVEMBER 2022

Application for extension of right of entry permit of Mikel Jason Dacko

On 25 October 2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied under s.512 of the Fair Work Act 2009 (Act) for an entry permit to be issued to Mikel Jason Dacko, a State Organiser employed by the CFMMEU. On the same day, the CFMMEU also applied under s.516 of the Act for Mr Dacko’s current entry permit to be extended, pending the determination of the s.512 application.

Mr Travers’s current entry permit expired on 26 November 2022. 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 Travers (RE2019/361) until 28 February 2023.

An order giving effect to this decision is separately issued in PR748216.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied for an extension of the right of entry permit held by Mikel Jason Dacko, a State Organiser employed by the CFMMEU. This application was made under section 516 of the Fair Work Act 2009, and the matter was heard by Deputy President Gostencnik in the Fair Work Commission. The existing permit held by Mr Dacko was set to expire on 26 November 2022, and the application for extension was lodged on 25 October 2022, ensuring it was submitted at least one month before the expiration date.

The primary legal issue before the court was whether the requirements set out in section 516(2) of the Fair Work Act 2009 had been satisfied to warrant the extension of Mr Dacko’s permit. Section 516(2) of the Act requires the Fair Work Commission to consider whether the applicant has satisfied the criteria that the permit was required for a proper purpose, that the applicant is a fit and proper person to hold the permit, and that the applicant has a sufficient connection to the workplace in question. The court had to determine whether the application met these criteria and whether the extension was justified.

In granting the extension, Deputy President Gostencnik found that the application met the criteria set out in section 516(2) of the Act. The Deputy President was satisfied that the permit was required for a proper purpose, that Mr Dacko was a fit and proper person to hold the permit, and that he had a sufficient connection to the workplace. Consequently, the Deputy President granted an extension to the expiry date of the right of entry permit until 28 February 2023. An order reflecting this decision was issued separately in PR748216.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established