Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWC 1804

[2021] FWC 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union
(RE2021/355)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 APRIL 2021

Application for extension of right of entry permit of Gerald Joseph McCrudden.

[1] On 5 March 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 Mr Gerald Joseph McCrudden, an Organiser employed by the CFMMEU. Mr McCrudden is currently a holder of an entry permit which will expire on 5 April 2021.

[2] On 30 March 2021 the CFMMEU applied for an extension of the three-year period at the end of which Mr McCrudden’s entry permit will expire.

[3] The application for an entry permit was not accompanied by a Form F42C or passport photo. On 15 March 2021 the staff of the Commission requested some further information from the CFMMEU and asked it to arrange for the Form F42C to be completed for the proposed permit holder and lodged with the Commission. By return correspondence on the same day the CFMMEU provided some further information and advised that the Form F42C and passport photo will be filed shortly. By 25 March 2021, as the documents requested had not been received, staff of the Commission followed up the earlier request. On 30 March 2021 the CFMMEU advised that it would expect to file the documents requested later that week. On the same day it made the above-mentioned extension application.

[4] In support of the extension application the CFMMEU said that because of staffing issues and the transition of returning to work in the office, the CFMMEU was experiencing difficulties in finalising the documents and records that will be required to be submitted before the Commission can determine the application for an entry permit.

[5] Section 516(2) of the Act sets out the circumstances that must be present before the Commission’s discretion to extend the period of three years is enlivened. I am satisfied that those circumstances are met. The CFMMEU applied for Mr McCrudden’s current permit and has applied for another permit to be issued to him. The application for that permit was made at least one month before the current permit would otherwise have expired and in the circumstances, I am satisfied that the current permit is likely to expire before the Commission determines the application for a new permit.

[6] Although the Commission has requested the CFMMEU to provide documents in relation to the application and the organisation has not complied with the request for the reasons stipulated in the extension application, I am satisfied given the circumstances described above that the CFMMEU has a reasonable excuse for not complying. Therefore s.516(4) of the Act does not present a bar to extend the period of three years under s.516(2).

[7] There are no matters about which I am aware that would tend against the exercise of my discretion to extend the period and I therefore propose to do so. The period of three years will be extended by a further 25 days. In the result Mr McCrudden’s current permit will expire on 30 April 2021.

Order

[8] I order that the end of the period of three years, namely 5 April 2021, on which Mr McCrudden’s current permit RE2018/209 will expire under s.516(1)(a) be extended by 25 days. The current permit will now expire on 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR728325>