Construction, Forestry, Maritime, Mining and Energy Union

Case

[2019] FWC 6814

3 OCTOBER 2019


[2019] FWC 6814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union

(RE2019/859)

Deputy President Gostencnik

MELBOURNE, 3 OCTOBER 2019

Application for extension of right of entry permit for Michael Shane Smith.

  1. On 3 September 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 State Organiser, Mr Michael Shane Smith (RE2019/856). On the same day, the CFMMEU also applied to the Commission under s.516 of the Act for Mr Smith’s current entry permit to be extended, pending the determination of the s.512 application.

  1. Mr Smith’s entry permit is due to expire on 5 October 2019. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

  1. 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.

  1. Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr Smith (RE2016/1178) until the s.512 application filed by the CFMMEU on 3 September 2019 for a new permit is heard and determined.

  1. An order giving effect to this decision is separately issued in PR712965.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712963>

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