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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought an extension of a permit for Mr Anthony Robert Kong to enter and inspect premises under section 516(2) of the Fair Work Act 2009. This was a follow-up to an earlier application, which was granted, extending the permit's validity to 17 March 2014. The present application aimed to extend the permit's validity by an additional two months, to 17 April 2014. The case was heard by the Delegate of the General Manager in Melbourne.

The primary legal issue was whether the requirements for extending the permit under section 516(2) of the Act were met. This involved assessing whether the extension was necessary and reasonable to determine the new application, as required by subsection 516(3). Additionally, the Delegate considered whether any other provisions of the Act, such as section 516(4), impacted the decision.

The Delegate found that all conditions for an extension under section 516(2) were satisfied. The proposed extension period was deemed necessary and reasonable to allow sufficient time to thoroughly consider the new application, which was expected to be finalised by 17 April 2014. Section 516(4) did not apply as there was no requirement from the Fair Work Commission to provide records or documents related to the permit.

In light of the findings, the Delegate granted the application, extending the permit's validity to 17 April 2014. This decision ensures that the permit holder has adequate time to address the new application while maintaining compliance with the statutory framework.