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Independent Education Union of Australia

Independent Education Union of Australia

Case [2022] FWC 940

Judicial Review

Fit and Proper Person

Right of Entry Permit

Administrative Law

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[2022] FWC 940

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.512—Right of entry

Independent Education Union of Australia

(RE2022/193)

DEPUTY PRESIDENT MOLTONI

BRISBANE, 3 MAY 2022

Application for a right of entry permit for Catherine Robin Damo – whether fit and proper person to hold an entry permit under the Act – satisfied Mrs Damo is a fit and proper person to hold a permit – permit issued - correction to decision

The decision issued by the Fair Work Commission on 22 April 2022 [[2022 FWC 940] is corrected as follows:

Paragraph 2 has been removed and the decision has been renumbered accordingly.

Footnote 6 has been amended.

The acronym for the Independent Education Union of Australia has been amended throughout the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Independent Education Union of Australia [2022] FWC 940
Case: [2022] FWC 940
Decision Date: 3 MAY 2022

CaseChat Overview and Summary

The Independent Education Union of Australia sought a right of entry permit for one of its employees, Catherine Robin Damo, under the Fair Work Act 2009. The application was heard by Deputy President Molton of the Fair Work Commission, who was tasked with determining whether Ms Damo was a fit and proper person to hold such a permit. The case involved scrutiny of Ms Damo's professional background, qualifications, and conduct to ascertain her suitability for the role, which required her to conduct inspections and investigations in relation to the union's members.

The legal issues before the court were primarily centred on the statutory requirements for determining the fitness and propriety of an individual to hold a right of entry permit. The Deputy President considered the statutory criteria and the evidence presented by both the Union and Ms Damo to assess her suitability. Key factors included her professional experience, her understanding of the Fair Work Act, and any past conduct that could impact her ability to perform her duties impartially and effectively.

After thorough consideration of the evidence, Deputy President Molton concluded that Ms Damo met the criteria for being a fit and proper person to hold a right of entry permit. The Deputy President found that she had the necessary qualifications and experience, and her conduct did not raise any concerns that would disqualify her from holding the permit. Consequently, the application was approved, and the permit was issued to Ms Damo. The decision was subsequently corrected to reflect minor amendments in the text.

Orders