Paul Tzimas

[2023] FWC 3407

[2023] FWC 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.510 - Upon referral, revoke or suspend an entry permit

Paul Tzimas

(RE2023/1097)

DEPUTY PRESIDENT COLMAN MELBOURNE, 19 DECEMBER 2023

Revocation or suspension of entry permit under s 510 – file closed

1. Mr Paul Tzimas is an official of the Construction, Forestry and Maritime Employees Union (CFMEU). On 24 December 2020, Mr Tzimas was issued a right of entry permit under s 512 of the Fair Work Act 2009 (the Act). The permit expires on 21 December 2023.

1. Pursuant to s 510(1)(d) of the Act, the Commission must revoke or suspend each entry permit held by a permit holder if it is satisfied that the permit holder has been ordered to pay a pecuniary penalty in relation to a contravention of Part 3-4 by the permit holder. If the Commission revokes or suspends a permit under s 510(1), it must also ban the issue of any further entry permit to the permit holder for a specified period (s 510(5)).

1. On 21 November 2023, the Federal Circuit and Family Court of Australia (FCFC) made declarations that Mr Tzimas had contravened s 500 of the Act while exercising rights under Part 3-4 of the Act and ordered him to pay pecuniary penalties. Acting on its own initiative under s 510 of the Act, the Commission commenced matter RE2023/1097 to determine whether Mr Tzimas’s permit should be revoked or suspended.

1. On 19 December 2023, Mr Tzimas’s permit was returned to the Commission. The CFMEU submitted that the return of the permit had the consequence that the Commission no longer had jurisdiction to suspend or revoke the permit, or to ban the issue of a new permit to Mr Tzimas. I agree. Section 510(1) directs the Commission to revoke or suspend each entry permit ‘held by a permit holder’ in certain circumstances. Mr Tzimas is no longer a permit holder because he has returned his permit. Matter RE2023/1097 has therefore been closed.

DEPUTY PRESIDENT

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