Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

The Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch applied for the issue of a right of entry permit for Brian Parker. The permit was sought to enable the entry onto construction sites for the purpose of carrying out union activities. The application was dismissed on the grounds that the applicant was not deemed a fit and proper person to hold such a permit. The dispute was adjudicated by the Fair Work Commission.

The primary legal issue before the Commission was whether Brian Parker qualified as a fit and proper person to hold a right of entry permit under the Fair Work Act. The consideration involved assessing Parker's character, past conduct, and the likelihood of him using the permit for legitimate union activities rather than for any improper or unlawful purposes. The Commission needed to balance the rights of the union to organise and engage in activities with the need to prevent misuse of the permit system.

In reaching its decision, the Fair Work Commission examined Parker’s history, which included previous instances of unlawful conduct and instances where he had been disciplined for actions detrimental to the union’s interests. The Commission concluded that Parker's past conduct and character did not align with the criteria for being considered a fit and proper person. Consequently, the application for the right of entry permit was dismissed. The Commission emphasised the importance of ensuring that those who hold such permits are trustworthy and will use them appropriately for legitimate union purposes.