Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch and Andrew Robert Blakeley. The union sought a right of entry permit for Mr Blakeley, which was contested on the grounds that he was not deemed fit and proper to hold such a permit. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether Mr Blakeley met the criteria for being considered a fit and proper person to hold a right of entry permit. This involved an assessment of his suitability based on the statutory requirements and any relevant factors that could affect his ability to perform the duties associated with the permit.

The Commission considered the evidence presented by both parties and evaluated Mr Blakeley's conduct, character, and any previous incidents that might indicate unfitness. The union argued that Mr Blakeley had a history of misconduct but the Commission found that the evidence did not substantiate a claim of unfitness. The Commission concluded that Mr Blakeley was a fit and proper person to hold a right of entry permit, as the evidence did not support the allegations of misconduct to the required standard. The decision was based on the principle that the union must prove unfitness, and the burden of proof was not met in this instance.

Accordingly, the application for a right of entry permit for Mr Blakeley was granted. The Commission found that the union had not provided sufficient evidence to satisfy the criteria for denying the permit. As a result, the permit was to be issued to Mr Blakeley. The Commission's decision was grounded in the statutory requirements for assessing fitness and the need for evidence to substantiate claims of unsuitability.