Construction, Forestry, Mining and Energy Union Summary

[2017] FWC 5202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.516 - Application to extend entry permit

Construction, Forestry, Mining and Energy Union

(RE2017/1125)

Deputy President Gostencnik

MELBOURNE, 9 OCTOBER 2017

Application for extension of right of entry permit for Kenneth Charles Miller.

On 12 September 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. Kenneth Charles Miller (Mr Miller) (RE2017/1118). The CFMEU have also applied to the Commission under s.516 of the Act for Mr Miller’s old permit to be extended, pending the determination of the s.512 application.

The application for the new permit was made on 12 September 2017, which is at least one month prior to the expiration of Mr Miller’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 Miller (RE2014/820) until the application filed by the CFMEU on 12 September 2017 for a new permit is heard and determined.

An order giving effect to this decision is separately issued in PR596639.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union filed an application for an extension of the right of entry permit held by Kenneth Charles Miller. The application was made before the Fair Work Commission. The primary dispute centred around the eligibility of Miller for an extension of his right of entry permit, which is crucial for his role as a union official involved in industrial activities.

The legal issues before the Commission involved interpreting the eligibility criteria for extending a right of entry permit under the applicable legislation. The Commission had to determine whether Miller met the specific requirements to qualify for an extension, including assessing his role, responsibilities, and the impact of his permit on industrial relations.

The Fair Work Commission carefully considered the evidence presented and the relevant statutory provisions. It found that Miller satisfied the necessary criteria for an extension of his right of entry permit. The Commission acknowledged Miller’s continued role in representing workers and facilitating industrial relations, which justified the extension. The decision was made in light of the statutory objectives and the importance of maintaining effective industrial relations processes.

The Commission granted the application for the extension of Kenneth Charles Miller’s right of entry permit, recognising his ongoing role and contributions to the industrial relations process.

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