Maritime Union of Australia, the

This case concerned an application by the Maritime Union of Australia (MUA) for a permit under section 512 of the Fair Work Act 2009 (the Act) to enable Mr William Warren Tracey, an official of the MUA, to enter and inspect premises. The decision of the Fair Work Commission (the Commission) was that Mr Tracey did not satisfy the 'fit and proper person' test and that the application should be refused. The Commission found that Mr Tracey had a history of engaging in unlawful industrial action, and had been subject to penalties and the revocation of previous permits. The Commission concluded that the conduct of Mr Tracey in these matters demonstrated a lack of regard for the provisions of industrial legislation and was inconsistent with the object of the Act to protect the right of occupiers of premises and employers to go about their business without undue inconvenience. The Commission refused the application for a permit, having regard to the seriousness of Mr Tracey's past conduct and the need to ensure that only appropriate persons were conferred with the significant rights to access premises.