Health Services Union – South Australia/Northern Territory Branch

[2021] FWC 6206

[2021] FWC 6206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.603—Application to vary or revoke a FWC decision

Health Services Union – South Australia/Northern Territory Branch
(RE2020/936)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 26 OCTOBER 2021

Application for an order revoking the entry permit of Mr William Gordon Elrick – order issued.

[1] The Health Services Union has applied to the Commission under s.603 of the Fair Work Act 2009 (Act) to revoke the right of entry permit issued to its official, Mr William Gordon Elrick, on 16 November 2020 on the basis that the permit was stolen.

[2] In a statutory declaration dated 28 June 2021, Mr Elrick declared that his entry permit was among items stolen from his car on around 31 April 2021.

[3] The relevant power to revoke is found in s.603 of the Act, which relevantly provides:

“603 Varying and revoking the FWC’s decisions

(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)).

Note: If the FWC makes a decision to make an instrument, the FWC may vary or revoke the instrument under this subsection (see subsection 598(2)).

(2) The FWC may vary or revoke a decision under this section:

(a) on its own initiative; or

(b) on application by:

(i) a person who is affected by the decision; or

(ii) if the kind of decision is prescribed by the regulations--a person prescribed by the regulations in relation to that kind of decision.

…”

[4] The reference to “decision” in s.603 of the Act carries the meaning ascribed to it by s.598. Subsection 603(1) confers a discretion to vary or revoke ‘a decision of the FWC that is made under [the] Act’ (other than a decision referred to in s.603(3)). Section 603(3) expressly excludes certain classes of decisions from the scope of the general power to vary or revoke in s.603(1).

[5] A decision of the Commission to issue an entry permit is a decision which falls within the scope of s.603(1) in that it is a decision made by the Commission under the Act that does not fall within the scope of the exclusions in s.603(3).

[6] In the circumstances, I consider it appropriate to exercise my discretion to revoke the entry permit issued by decision of the Commission to Mr Elrick in matter RE2020/936. A revocation order is separately issued in PR735244.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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