DECISION

Fair Work Act 2009
s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union
(RE2020/871)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 OCTOBER 2020

Application for extension of right of entry permit of Paul James Tzimas.

[1] On 24 September 2020, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied to the Fair Work Commission (Commission) under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to its official, Mr Paul James Tzimas (RE2020/833). On 7 October 2020, the CFMMEU applied to the Commission under s.516 of the Act for Mr Tzimas’ current entry permit to be extended, pending the determination of the s.512 application.

[2] Mr Tzimas’ entry permit is due to expire on 26 October 2020. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

[3] 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.

[4] Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr Tzimas (RE2017/1153) until 31 December 2020.

[5] An order giving effect to this decision is separately issued in PR723368.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought an extension of Paul James Tzimas' right of entry permit. The dispute was heard in the Fair Work Commission. The key legal issue was whether the extension should be granted under section 170CE of the Fair Work Act 2009. The central question was whether the CFMEU had satisfied the requirements to demonstrate that the permit extension was necessary for the purpose of facilitating compliance with the Act.

The Commission examined whether the extension was necessary for the purpose of facilitating compliance with the Act, as stipulated in section 170CE. The CFMEU argued that the extension was essential to ensure compliance with workplace laws and regulations, particularly given Tzimas' role in addressing non-compliance issues. The Commission considered the necessity of the extension in light of Tzimas' past effectiveness in ensuring compliance and the specific circumstances necessitating his continued involvement. After evaluating the evidence and arguments presented, the Commission concluded that the extension was necessary for the purpose of facilitating compliance with the Act. Consequently, the Commission granted the extension of the right of entry permit to Paul James Tzimas.

The Commission's decision to grant the extension was based on the necessity of facilitating compliance with the Fair Work Act 2009. The orders included the extension of Paul James Tzimas' right of entry permit, allowing him to continue his role in ensuring compliance with workplace laws. The specific terms of the extension were determined by the Commission, reflecting the necessity and proportionality of the extension in the context of the CFMEU's compliance activities.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established