Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Construction Workers Divisional Branch

[2014] FWCD 2337

[2014] FWCD 2337

FURTHER DECISION

Fair Work Act 2009
s.516(2)—Application for extension of period right of entry permit
Construction, Forestry, Mining and Energy Union
(RE2014/509)
MR ENRIGHT	MELBOURNE, 9 APRIL 2014

[1]        On 5 February 2014 an application dated 5 February 2014 was lodged by the

Construction, Forestry, Mining and Energy Union (CFMEU) under s.516(2) of the Fair Work

Act 2009 (the Act) to extend the 3 year period of a permit to enter and inspect premises issued

to Mr Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[2]        On 10 February 2014 I granted an extension to the expiry date of right of entry permit

RE2011/2617 until 17 March 2014 in decision PR547535.

[3]        On 6 March 2014 an application dated 6 March 2014 was lodged by the CFMEU

under s.516(2) of the Act to further extend the 3 year period of a permit to enter and inspect
premises issued to Mr Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[4]        On 7 March 2014 I granted an extension to the expiry date of right of entry permit

RE2011/2617 until 17 April 2014 in decision PR548473.

[5]        On 8 April 2014 an application dated 8 April 2014 was lodged by the CFMEU under

s.516(2) of the Act to further extend the 3 year period of a permit to enter and inspect
premises issued to Mr Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[6] Subsection 516(3) requires that the extension to the expiry date must not be longer than considered necessary to determine the new application RE2013/1809. I intend to ensure that the new application is given appropriate and thorough consideration, and it is my view that the new application will be finalised by 17 May 2014.

[7]        I am satisfied that the requirements set out in paragraphs 516(2)(a) (b) and (c) of the

Act have been met.

[8] Section 516(4) is not relevant to the determination of this application because the Fair Work Commission has not requested nor required the organisation or permit holder to provide copies of records or documents, or to provide any other information, as it relates to permit RE2011/2617.

[9]        Accordingly, I grant a further extension to the expiry date of right of entry permit

RE2011/2617 until 17 May 2014.
[2014] FWCD 2337

DELEGATE OF THE GENERAL MANAGER

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