Construction, Forestry, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch

The Construction, Forestry, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch, sought an entry permit for Mark Travers, who was to be appointed as a workplace inspector. The Australian Building and Construction Commission opposed the application. The dispute was brought before the Fair Work Commission.

The central legal issue was whether the applicant's proposed workplace inspector was a fit and proper person to hold the permit under the Fair Work Act 2009. Specifically, the Commission had to consider the factors outlined in section 512 of the Act, including the proposed inspector’s suitability and experience, and whether they met the standards set out in section 513.

The Fair Work Commission deliberated on the factors pertinent to determining the fit and proper person criteria. It concluded that Mark Travers, despite some concerns raised by the opposition, was a suitable candidate for the role of workplace inspector. The Commission found that the applicant had demonstrated that Travers had the necessary experience and qualifications, and he was deemed fit to hold the permit. The application was therefore approved.

The Fair Work Commission granted the application for an entry permit for Mark Travers, finding him to be a fit and proper person to act as a workplace inspector under the Fair Work Act 2009.