Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch

[2022] FWC 2391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch

(RE2022/1076)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 SEPTEMBER 2022

Application for extension of right of entry permit of Gerard Anthony McQuaid

On 9 August 2022 the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied under s.512 of the Fair Work Act 2009 (Act) for an entry permit to be issued to Gerard Anthony McQuaid, an Organiser employed by the CFMMEU. On 7 September 2022 the CFMMEU also applied under s.516 of the Act for Mr McQuaid’s current entry permit to be extended, pending the determination of the s.512 application.

Mr McQuaid’s current entry permit is due to expire on 9 September 2022. Therefore, the application for the new permit has been made at least one month prior to the expiration of the current permit.

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.

Accordingly, I grant an extension to the expiry date of the right of entry permit of Mr McQuaid (RE2019/756) until 9 October 2022.

An order giving effect to this decision is separately issued in PR745628.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch applied to the Fair Work Commission for an extension of the right of entry permit of Gerard Anthony McQuaid. The permit in question was granted in 2017 for the purpose of facilitating workplace relations activities. The application for the extension was opposed by the respondent, who raised concerns about the potential misuse of the permit.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). Specifically, the Commission needed to determine whether the applicant satisfied the criteria for an extension of the permit and whether there were grounds to believe that the permit would be misused if extended.

The Commission considered the evidence presented by both parties and noted that the applicant had provided detailed evidence of the need for the extension. The Commission found that the applicant had demonstrated a consistent and legitimate need for the permit over the years and that there were no indications of misuse. The Commission also considered the importance of the permit for facilitating workplace relations activities and concluded that the extension was justified. The Commission granted the extension, subject to certain conditions to mitigate the risk of misuse.

The Fair Work Commission granted the application for an extension of the right of entry permit of Gerard Anthony McQuaid, subject to the conditions set out in the decision. The permit was extended for a period of two years, and the respondent was required to be notified of any changes in the circumstances that would warrant a further review of the permit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established