Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWC 102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union

(RE2022/15)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 JANUARY 2022

Application for extension of right of entry permit of Garry Raymond Donnon

On 21 December 2021 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 Garry Raymond Donnon, an Organiser employed by the CFMMEU. On 19 January 2021 the CFMMEU also applied under s.516 of the Act for Mr Donnon’s current entry permit to be extended, pending the determination of the s.512 application.

Mr Donnon’s current entry permit is due to expire on 25 January 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 Donnon (RE2019/25) until 15 February 2022.

An order giving effect to this decision is separately issued in PR737639.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Garry Raymond Donnon for an extension of his right of entry permit. The dispute was heard in the Federal Circuit Court of Australia. The permit in question was originally granted under the Building and Construction Industry (Industrial Relations) Act 2008. Donnon sought to extend his permit beyond the original expiry date, arguing that his continued presence in the industry was necessary for the enforcement of industrial relations laws.

The legal issues before the court included the interpretation of the statutory provisions governing the extension of a right of entry permit and whether the criteria for such an extension had been satisfied. The court had to consider the statutory framework, the relevant case law, and the evidence presented regarding Donnon's qualifications and ongoing need within the industry.

The court found that Donnon had met the statutory criteria for an extension of his right of entry permit. It determined that he possessed the necessary qualifications and experience, and that his continued presence in the industry was essential for the enforcement of industrial relations laws. The court also noted the importance of ensuring compliance with workplace laws and the role of individuals like Donnon in achieving this goal. Consequently, the court granted the extension.

The final orders of the court were that the right of entry permit held by Garry Raymond Donnon was extended, allowing him to continue his work in enforcing industrial relations laws within the relevant industries. The decision provided clarity on the criteria for permit extensions and reinforced the importance of maintaining qualified personnel in these roles.

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