In the matter of the entry permit of Rosanne Louise Sorbello

[2022] FWC 614

[2022] FWC 614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.603—Application to vary or revoke a FWC decision

In the matter of the entry permit of Rosanne Louise Sorbello

(RE2020/764)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 MARCH 2022

Application to vary or revoke a FWC decision – request to update Right of Entry Permit to reflect legal change to name of permit holder.

1. On 1 September 2020 the Independent Education Union (IEU) applied under s 512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to its official, Rosanne Louise Cavallaro. Ms Cavallaro was subsequently issued a right of entry permit which will expire on 23 September 2023.

1. Ms Cavarallo has since changed her legal name to Rosanne Louise Sorbello and has requested to update her permit to reflect this change of name. Ms Sorbello has updated her ID documents and confirmed her new identity to the Commission via its ID Verification process.

1. The relevant power to vary a decision of the Commission is found in s 603 of the Act which relevantly provides:

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.

1. 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).

1. 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).

1. In the circumstances, I consider it appropriate to exercise my discretion to vary the decision to issue an entry permit made by the Delegate to reflect the change to the permit holder’s legal name. An order to this effect is set out below.

1. An amended permit will be issued to Ms Sorbello separately.

Order

1. I order that the decision to issue an entry permit to Ms Cavallaro (RE2020/764) and the entry permit issued pursuant to the decision be amended to reflect her change of name from Rosanne Louise Cavallaro to Rosanne Louise Sorbello.

1. The Order will take effect from 23 March 2022.

DEPUTY PRESIDENT

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