Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division

The case involved the Construction, Forestry, Maritime, Mining and Energy Union, also known as the Maritime Union of Australia Division, which applied for an entry permit for Paul McAleer. The permit was sought to enable McAleer to enter various vessels for union activities. The application was opposed by the Australian Maritime Safety Authority, which argued that McAleer was not a fit and proper person to hold such a permit due to his criminal history and past conduct. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether McAleer was a fit and proper person to hold an entry permit under the Maritime Legislation Amendment (Union Rights Reform) Act 2012. The court was required to consider the statutory criteria for determining fitness and propriety and assess McAleer's past conduct and criminal history in light of these criteria. The court also had to determine whether the evidence presented was sufficient to establish that McAleer was not fit and proper.

The court found that McAleer's criminal history and past conduct demonstrated a pattern of behaviour that was inconsistent with the statutory criteria for a fit and proper person. The court concluded that McAleer's criminal history, including convictions for violence and intimidation, and his past conduct, such as engaging in unlawful activities, were significant factors that warranted a finding that he was not fit and proper to hold an entry permit. The court emphasised that the statutory criteria required a high standard of propriety, and McAleer's history did not meet this standard. Consequently, the court dismissed the application for the entry permit.