Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWC 4880

[2020] FWC 4880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union
(RE2020/65)

DEPUTY PRESIDENT COLMAN MELBOURNE, 10 SEPTEMBER 2020

Application for extension of right of entry permit for Roland Cummins

[1] On 24 February 2020, I published a decision [[2020] FWC 944] and order [PR716932] extending the entry permit of Mr Roland Cummins of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for a period of three months pursuant to s 516 of the Fair Work Act 2009 (Act).

[2] On 4 June 2020, I issued a further decision [[2020] FWC 2933] and order [PR719931] extending the entry permit of Mr Cummins by a further three months. The expiry date of the permit as extended is 13 September 2020.  

[3] The extensions were granted in circumstances where the CFMMEU had applied under s 512 for a new permit to be issued to Mr Cummins, and the Federal Court had reserved its decision in a matter that was likely to have a bearing on that application.

[4] On 26 August 2020, the CFMMEU applied to the Commission to extend Mr Cummins’ permit by a further three months, on the basis that the Court’s decision remains reserved, and that the reasons for granting the original extension under s 516 remain current and support a further extension.

[5] On 27 August 2020, the Australian Building and Construction Commissioner (ABCC) advised that he opposed a further three month extension, on the basis that Mr Cummins was due to be sentenced in the Magistrates Court at Cairns on 3 September 2020 for an offence under s 190 of the Work Health and Safety Act 2011 (Qld). The ABCC submitted that this was a relevant matter for the purposes of s 513(b) or (g) of the Act and that the s 512 application ought now to be programmed and determined.

[6] On 3 September 2020, the Magistrates Court imposed on Mr Cummins a fine of $5,000.00 in relation to the offence. No conviction was recorded.

[7] At a telephone mention on 10 September 2020, having heard from the CFMMEU and the ABCC, I determined that it was appropriate to programme the s 512 application, and set a timetable for the filing and service of submissions and materials, concluding on 22 October 2020. I also directed the parties to advise my chambers by this date whether they seek a hearing. In light of these directions, I consider that it is appropriate to extend Mr Cummins’ permit under s 516 by a further 2 months. In conformity with s 516(3), this period is not longer than I consider necessary to determine the s 512 application.

[8] I will vary my order of 24 February 2020 by deleting the word ‘September’ and inserting the word ‘November’.

[9] An order giving effect to this decision is separately issued in PR722703.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR722702>