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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to extend the expiry date of a right of entry permit issued to Mr. Anthony Robert Kong under section 516(2) of the Fair Work Act 2009. The application was heard by a delegate of the General Manager in Melbourne on 9 April 2014. The permit, originally issued on 17 February 2011, had already been extended twice before, with the most recent extension expiring on 17 April 2014. The CFMEU sought a further extension until 17 May 2014 to allow time for a new application, RE2013/1809, to be considered.

The primary legal issue before the court was whether the extension of the permit's expiry date to 17 May 2014 was necessary and permissible under the Fair Work Act. The court needed to consider if the extension was within the bounds set by section 516(3) of the Act, which mandates that the extension must not be longer than considered necessary to determine the new application. Additionally, the court had to ensure that the requirements under section 516(2) were satisfied, and that section 516(4) did not apply as the Fair Work Commission had not requested any records or information related to the permit.

The court found that the extension to 17 May 2014 was necessary and appropriate given the circumstances. The delegate was satisfied that the conditions set out in section 516(2)(a), (b), and (c) were met. The court also noted that section 516(4) was irrelevant since no records or information had been requested by the Fair Work Commission. Consequently, the delegate granted the extension, allowing the new application to be finalised by 17 May 2014.

The final order was that the expiry date of the right of entry permit RE2011/2617 was extended to 17 May 2014. This decision ensured that the new application RE2013/1809 could be thoroughly considered within the timeframe deemed necessary by the delegate.