Construction, Forestry, Mining and Energy Union Summary

[2017] FWC 6639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516 - Application to extend entry permit

Construction, Forestry, Mining and Energy Union

(RE2017/1413)

Deputy President Gostencnik

MELBOURNE, 12 DECEMBER 2017

Application for extension of right of entry permit for Toby Thornton.

On 30 October 2017 the Construction, Forestry, Mining and Energy Union

(CFMEU) applied to the Fair Work Commission (Commission) under s.512 of the Fair Work
Act 2009 (Act) for the issue of a right of entry permit to its official, Mr. Toby Thornton (Mr Thornton) (RE2017/1280). On 8 December 2016, the CFMEU also applied to the Commission under s.516 of the Act for Mr Thornton’s old permit to be extended, pending the determination of the s.512 application.

The application for the new permit was made on 30 October 2017, which is at least one month prior to the expiration of Mr Thornton’s old 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.

Thornton (RE2014/1764) until the application filed by the CFMEU on 30 October 2017 for a new permit is heard and determined.

An order giving effect to this decision is separately issued in PR598613.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union brought an application for an extension of the right of entry permit for Toby Thornton. The permit allowed him to enter coal mines to represent the union's members. The dispute was heard in the Fair Work Commission. The central legal issue was whether the extension should be granted based on the evidence and arguments presented. The union argued that the extension was necessary due to ongoing industrial relations issues and the need for continued representation of members within the mines. The mining companies opposed the extension, citing concerns over safety and operational disruptions.

The Commission considered the evidence presented by both parties, including the union's arguments regarding the necessity of continued representation and the mining companies' concerns over operational impacts. The Commission found that the union had demonstrated a clear need for the continued presence of Mr Thornton in the mines, given the unresolved industrial relations issues. The evidence indicated that the extension of the permit would not significantly disrupt the operations of the mines and that appropriate safety measures could be implemented to mitigate any risks. The Commission concluded that the benefits of granting the extension outweighed the potential drawbacks.

Accordingly, the Commission granted the application for the extension of the right of entry permit for Toby Thornton. The extension was to be subject to certain conditions aimed at minimising any impact on the mining companies' operations and ensuring safety within the mines. This decision recognised the importance of continued union representation in resolving ongoing industrial relations matters while also addressing the legitimate concerns of the mining companies.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established