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

CaseChat Overview and Summary

In the matter of an application by Roland Cummins for an extension of his right of entry permit, the Federal Court of Australia was tasked with determining whether the applicant met the criteria for such an extension. Cummins, a union representative, sought an extension to his existing permit to continue his work in the construction industry. The application was contested by the Department of Employment, which argued that Cummins did not meet the necessary requirements for an extension.

The primary legal issue before the court was whether Cummins satisfied the conditions set out in the Migration Act 1958 for the extension of his right of entry permit. Specifically, the court needed to assess whether Cummins had demonstrated a continuous period of employment in Australia and whether his work was of a professional nature. Additionally, the court had to consider the applicant's overall suitability and the interests of Australia in granting the extension.

The court found that Cummins had satisfied the conditions for an extension of his permit. The decision was based on evidence showing Cummins' continuous employment in the construction industry, his professional role as a union representative, and his contribution to the industry. The court also noted Cummins' strong ties to Australia, including his family living in the country. The Department of Employment's concerns were not sufficient to outweigh the benefits of granting the extension. Consequently, the court ruled in favour of Cummins and granted the extension of his right of entry permit.

The final orders of the court mandated that Cummins' right of entry permit be extended for a specified period, allowing him to continue his employment and professional activities in Australia. The decision was based on the merits of Cummins' application and the applicable legal criteria.

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