Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Builders' Labourers' Divisional Branch

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for an entry permit for Mr Jarvis, an Organiser within the Construction and General Division of the CFMEU, to inspect premises. The Fair Work Building and Construction (FWBC) opposed the application. The FWBC argued that Mr Jarvis was not a "fit and proper person" to hold an entry permit due to his history of unlawful industrial action and contraventions of industrial legislation. The Delegate of the Fair Work Commission, Mr Enright, found that although Mr Jarvis' conduct gave cause for concern, he was satisfied that Mr Jarvis was currently a "fit and proper person" to hold an entry permit. However, conditions were imposed on the permit to address ongoing concerns about the potential repetition of similar conduct. The conditions require Mr Jarvis to notify the Fair Work Commission if any findings or penalties relevant to the permit qualification matters are made against him, and to only use his permit in the company of another permit holder without conditions and after providing 24 hours notice to the Director of the Fair Work Building Industry Inspectorate of his intention to enter premises where building work is being performed.