Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWC 2933

[2020] FWC 2933

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, 4 JUNE 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). The expiry date of the permit as extended is 13 June 2020.  

[2] The reason for extending the permit is set out in the decision of 24 February 2020. Briefly stated, the extension was granted in circumstances where the CFMMEU had applied under s 512 for a new permit to be issued to Mr Cummins, however the union and Mr Cummins were awaiting a decision of the Federal Court that was likely to have a bearing on that application.

[3] On 28 May 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.

[4] In the circumstances, I consider that it is appropriate to extend the permit under s 516 by a further three months. I will vary my order of 24 February 2020 by deleing the word ‘June’ and inserting the word ‘September’.

[5] An order giving effect to this decision is separately issued in PR719931.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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