The Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland

In this matter, the Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland (CFMEIUQ) applied for an entry permit for Mr Andrew Temoho, an Organiser within the CFMEIUQ and the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Building & Construction (FWBC) opposed the application, and the CFMEU submitted in support of the application. The key issues in the case were whether Mr Temoho was a fit and proper person to hold an entry permit, and if so, whether any conditions should be imposed on the permit. The court considered various factors, including Mr Temoho's past conduct, his training, and the duty of disclosure in making the application.

The court concluded that Mr Temoho was a fit and proper person to hold an entry permit, despite his past involvement in unlawful industrial action and contraventions of industrial legislation. The court found that the relevant contraventions had occurred several years ago, and there was no evidence of subsequent findings or penalties. Additionally, the court acknowledged Mr Temoho's role as an Organiser and the importance of having a current permit for him to perform his duties effectively.

However, the court imposed a condition on the permit, requiring Mr Temoho to notify the Fair Work Commission within two weeks of any findings, penalties, or proceedings that may lead to findings or penalties relevant to the permit qualification matters. This condition was intended to address ongoing concerns about the potential repetition of similar conduct in the future.