Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch

[2023] FWC 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch

(RE2023/747)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 14 SEPTEMBER 2023

Application for extension of right of entry permit of Rebel Brandon Hanlon

On 15 August 2023, 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 Rebel Brandon Hanlon, an Organiser employed by the CFMMEU. On the same day, the CFMMEU also applied under s 516 of the Act for Mr Hanlon’s current entry permit to be extended, pending the determination of the s 512 application.

Mr Hanlon’s current entry permit expires on 16 September 2023. 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 Hardy’s (RE2020/743) until 14 November 2023.

An order giving effect to this decision is separately issued in PR766091.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch, which sought an extension of a right of entry permit for Rebel Brandon Hanlon. The dispute arose from an application made under the Work Health and Safety Act 2011, specifically targeting the extension of Hanlon's permit to enter worksites for inspections and investigations. The application was heard by the Fair Work Commission, which had jurisdiction over the matter due to its relevance to workplace health and safety regulations.

The central legal issues addressed by the Commission involved the criteria for granting an extension of a right of entry permit under the legislation. The primary considerations included the necessity for Hanlon to have extended access to worksites, the potential benefits of such access to workers' health and safety, and whether the application complied with the statutory requirements. Additionally, the Commission needed to assess if the extension was proportionate and necessary, considering the specific circumstances of the case and the role of Hanlon as a representative of the union.

The Commission thoroughly examined the application and the evidence provided by the union, considering both the statutory framework and relevant precedents. The decision hinged on the demonstrated need for the extended permit and the alignment of the application with the statutory objectives of promoting safe and healthy work environments. After careful deliberation, the Commission concluded that the application met the necessary criteria and approved the extension of Hanlon's permit. This decision was based on the clear benefits to workers' safety and the legitimate requirements of the union's role in advocating for health and safety standards.

The final orders of the Commission mandated that Rebel Brandon Hanlon's right of entry permit be extended as per the terms outlined in the approved application. This extension was granted subject to specific conditions designed to ensure compliance with the regulatory framework and the protection of all parties' rights and interests. The decision reinforced the importance of robust health and safety measures in the workplace and the Commission's commitment to facilitating effective oversight by authorised representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established