Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWC 4644

[2020] FWC 4644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union
(RE2020/677)

DEPUTY PRESIDENT COLMAN MELBOURNE, 1 SEPTEMBER 2020

Extension of right of entry permit for Anthony Stott

[1] On 5 August 2020, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied under s 512 of the Fair Work Act 2009 (Act) for the issuance of a right of entry permit to Mr Anthony Stott (RE2020/675). On the same day, the CFMMEU also applied to the Commission to extend Mr Stott’s current permit under s 516, pending the determination of the s 512 application. The applications were allocated to my chambers on Monday, 17 August 2020.

[2] An entry permit expires at the end of the three-year period beginning on the day it is issued, or at the time the permit holder ceases to be an official of the organisation that applied for the permit (s 516(1)). Section 516(2) states that the Commission may extend the three-year period by a specified period if the following conditions are met: the relevant union has applied for a new entry permit for the permit holder; the application for a new permit was made at least one month before the expiry of the current permit; and the Commission is satisfied that the current permit is likely to expire before the Commission determines the application for a new permit.

[3] The conditions for extending the three-year period are clearly satisfied in the present case. The CFMMEU’s application for a new entry permit for Mr Stott was made more than one month before the expiry date of Mr Stott’s current permit, which is 14 September 2020. Further, I am satisfied that the current permit is likely to expire before I determine the application for a new permit.

[4] At a telephone mention on 1 September 2020, I heard from the CFMMEU and the Australian Building and Construction Commissioner (ABCC) as to the programming of the s 512 application for hearing. The ABCC stated that it did not object to the extension of Mr Stott’s permit until the determination of the union’s application under s 512.

[5] I note that s 516(4) provides that the Commission must not extend the three-year period in certain circumstances, and that those circumstances are not present in this matter.

[6] I consider it appropriate to extend the three-year period of Mr Stott’s permit by a period of three months. In conformity with s 516(3), this period is not longer than I consider necessary to determine the s 512 application.

[7] An order giving effect to this decision is separately issued in PR722354.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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