Construction, Forestry, Maritime, Mining and Energy Union – Re Mark Alan Travers Summary

[2022] FWC 2546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516—Right of entry

Construction, Forestry, Maritime, Mining and Energy Union – Re Mark Alan Travers

(RE2022/1106)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 SEPTEMBER 2022

Application for extension of right of entry permit of Mark Alan Travers

On 24 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 Mark Alan Travers, an Organiser employed by the CFMMEU. On 14 September 2022 the CFMMEU also applied under s.516 of the Act for Mr Travers’s current entry permit to be extended, pending the determination of the s.512 application.

Mr Travers’s current entry permit is due to expire on 24 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 Travers (RE2019/374) until 15 December 2022.

An order giving effect to this decision is separately issued in PR746117.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought an extension of Mark Alan Travers' right of entry permit under the Fair Work Act 2009, to be issued to Travers, who is an Organiser employed by the CFMMEU. The current permit was due to expire on 24 September 2022, but the application for the extension was lodged before this date. The Deputy President of the Fair Work Commission, Gostencnik, was tasked with deciding on the application.

The legal issues at hand were whether the requirements outlined in sections 516(2)(a), (b), and (c) of the Fair Work Act 2009 had been met for the extension of Travers' right of entry permit. Additionally, the Deputy President had to determine if the application for a new right of entry permit, which was made under section 512 of the Act, would be dealt with in a prompt manner.

Upon reviewing the application, the Deputy President concluded that the requirements set out in sections 516(2)(a), (b), and (c) of the Fair Work Act 2009 were satisfied, and that the application for a new right of entry permit would be handled promptly. Consequently, the Deputy President granted an extension to the expiry date of Travers' right of entry permit (RE2019/374) until 15 December 2022.

This decision was made in accordance with the provisions of the Fair Work Act 2009 and the application for the extension was granted. An order giving effect to this decision was separately issued in PR746117.

Construction, Forestry, Maritime, Mining and Energy Union – Re Mark Alan Travers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established