Director of the Fair Work Building Industry Inspectorate v David Bolton

[2015] FWC 3042

[2015] FWC 3042

The attached document replaces the document previously issued with the above code on 1 May 2015.

The date of the hearing in [4] has been corrected.

Jimmy Li

Associate to Justice Boulton

Dated: 4 May 2015.

[2015] FWC 3042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.510 - Upon referral, revoke or suspend an entry permit

Director of the Fair Work Building Industry Inspectorate
v
David Bolton
(RE2014/1726); (RE2015/357)

Jim O’Connor
(RE2014/1727)

Michael McDermott
(RE2015/358)

Anthony Vitler
(RE2015/360)

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SYDNEY, 1 MAY 2015

Application by Director of the Fair Work Building Industry Inspectorate under s510 of the Fair Work Act 2009 - suspension of right of entry permits - orders made.

[1] These are applications made by the Director of the Fair Work Building Industry Inspectorate pursuant to s.510 of the Fair Work Act2009 (the Act) to revoke or suspend the entry permits issued to four officials of the Construction, Forestry, Mining and Energy Union.

[2] The names of the officials and the dates of issue and expiry of the entry permits are as follows:

● David Bolton: permit issued on 28 August 2012 and expires on 28 August 2015;

● Jim O’Connor: permit issued on 13 May 2013 and expires on 13 May 2016;

● Michael McDermott: permit issued on 28 August 2012 and expires on 28 August 2015; and

● Anthony Vitler: permit issued on 24 September 2012 and expires on 24 September 2015.

[3] The revocation or suspension of the entry permits was sought following decisions of the Federal Court of Australia 1 in which the officials were ordered to pay pecuniary penalties in relation to contraventions under Part 3-4 of the Act (see s.510(1)(d)).

[4] The matters were listed for hearing before me in Adelaide on 27 April 2015. On the morning of the hearing, the parties requested the Commission’s assistance in a conciliation of the matters. In the conference a resolution was reached by the parties for the making of consent orders for suspension and ban periods in relation to the entry permits of each of the officials.

[5] The submissions and evidence of the parties filed in the proceedings were tendered into evidence. Having considered the submissions and evidence and the relevant provisions of the Act, and having regard to the agreed position of the parties, I am satisfied that the consent orders proposed by the parties should be made.

[6] An order to this effect has been made. 2

SENIOR DEPUTY PRESIDENT

Appearances:

D Chin of counsel instructed by Clayton Utz for the applicant.

R Gray of counsel instructed by Lieschke & Weatherill for the respondents.

Hearing details:

2015:

Adelaide

April 27

 1   Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047; Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432.

 2   PR566953.

Printed by authority of the Commonwealth Government Printer

<Price code C, PR566976>