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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union for the issuance of a right of entry permit to Mr Toby Thornton. The union sought this permit to enable Mr Thornton to enter non-union workplaces for the purpose of engaging in protected industrial action. The Commission was required to determine whether Mr Thornton was a fit and proper person to hold such a permit.

The central legal issue before the Commission was whether Mr Thornton was a fit and proper person to be granted a right of entry permit. This determination hinged on assessing Mr Thornton's character, past conduct, and suitability for the responsibilities that the permit would entail. The Commission considered evidence presented by both the union and Mr Thornton, as well as the statutory criteria outlined in the Fair Work Act.

After reviewing the evidence, the Commission concluded that Mr Thornton was a fit and proper person for the issuance of the right of entry permit. The Commission was satisfied with the evidence provided and found no grounds to disqualify Mr Thornton from holding the permit. Consequently, the Commission decided to issue the permit to Mr Thornton, allowing him to enter non-union workplaces for the purposes of engaging in protected industrial action. This decision was based on the satisfactory evidence provided and the absence of any disqualifying factors.