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

The matter before the Fair Work Commission involved an application by the Queensland Construction Workers' Division of the Construction, Forestry, Mining and Energy Union (CFMEU) for a right of entry permit for one of its officials, Anthony Robert Kong. The Commission was required to decide whether Mr Kong was a "fit and proper person" to hold the permit, taking into account the permit qualification matters set out in the Fair Work Act 2009. The decision involved examining various submissions and relevant legal considerations, including Mr Kong's training, previous conduct, and the CFMEU's history of industrial law contraventions. The Fair Work Building & Construction (FWBC) opposed the application, arguing that Mr Kong was not a fit and proper person due to his previous unlawful industrial actions and the CFMEU's history of non-compliance. The CFMEU argued that Mr Kong was fit and proper and that his previous actions did not warrant the denial of a permit.

After considering the evidence and submissions, the Commission found that Mr Kong was a fit and proper person to hold the entry permit. The Commission determined that while Mr Kong's previous actions were concerning, they did not disqualify him from holding the permit. However, due to the potential for similar conduct in the future, the Commission imposed a condition on the permit that required Mr Kong to notify the Commission if any findings or penalties relevant to the permit qualification matters were made against him or if proceedings were commenced that may lead to such findings or penalties. The Commission also required Mr Kong to undertake new appropriate training before the permit was issued.