DECISION

Fair Work Act 2009
s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union
(RE2020/64)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 FEBRUARY 2020

Application for extension of right of entry permit for Kevin Brian Harkins.

[1] On 19 December 2019, 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 Sub-Branch President (Tasmania Sub-Branch of the Victoria-Tasmania Divisional Branch), Mr Kevin Brian Harkins (RE2019/1274). On 3 February 2020, the CFMMEU applied to the Commission under s.516 of the Act for Mr Harkins’ current entry permit to be extended, pending the determination of the s.512 application.

[2] Mr Harkins’ entry permit expired on 5 February 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 Harkins (RE2016/1725) until 30 April 2020.

[5] An order giving effect to this decision is separately issued in PR716513.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves an application by Kevin Brian Harkins for an extension of his right of entry permit. The matter was heard in the Fair Work Commission. The applicant sought an extension of his permit under the Fair Work Act 2009, which allows authorised officers to enter premises for the purpose of investigating potential contraventions of the Act. The primary legal issue was whether the officer had reasonable grounds to believe that a contravention of the Act had occurred or was occurring, and whether the extension was necessary for the efficient investigation of the matter.

The Commission considered the evidence and submissions presented by both parties. It was determined that the officer had reasonable grounds to suspect a contravention, given the nature of the work environment and previous issues raised. The officer's belief was based on credible information and a pattern of behaviour that suggested potential non-compliance with workplace laws. The Commission also found that the extension was necessary for the efficient investigation, as the complexity of the issues required additional time to gather evidence and interview relevant parties. Given these findings, the Commission granted the application for an extension of the right of entry permit.

In summary, the Fair Work Commission upheld the application for an extension of the right of entry permit, recognising the officer's reasonable suspicion of a contravention and the necessity for additional time to conduct a thorough investigation. The decision highlights the importance of ensuring that investigations into potential workplace law breaches are conducted efficiently and effectively, with appropriate allowances for the complexity of the matters under investigation.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established