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

[2014] FWCD 932

[2014] FWCD 932

DECISION

Fair Work (Registered Organisations) Act 2009

s.516(2)—Application for extension of period right of entry permit

The Construction, Forestry, Mining & Energy, Industrial Union of

Employees, Queensland

(RE2014/512)

MR ENRIGHT MELBOURNE, 10 FEBRUARY 2014

[1] On 5 February 2014 an application dated 5 February 2014 was lodged by the Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland (CFMEIUEQ) under s.516(2) of the Fair Work Act 2009 (the Act) to extend the 3 year period of a permit to enter and inspect premises issued to Mr Anthony Robert Kong in matter RE2011/2618 on 17 February 2011.

[2]        Relevant provisions of s.516 of the Act provide that:

“(1) Unless it is revoked, an entry permit expires at the earlier of the following times:

(a) at the end of the period 3 years beginning on the day it is issued, or that period as extended under subsection (2)...

(2) The FWC may extend the period of 3 years referred to in paragraph (1)(a) by a
specified period if:

(a)	the organisation that applied for the permit (the old permit) has applied for another entry permit for the permit holder; and
(b)	the application was made at least 1 month before the old permit would otherwise have expired under that paragraph; and
(c)	the FWC is satisfied that the old permit is likely to expire before FWC determines the application.

(3)	The period specified must not be longer than the period that the FWC considers necessary for it to determine the application.
(4)	The FWC must not extend the period under subsection (2) if:

[2014] FWCD 932

(a)	the FWC has requested or required the organisation or permit holder to provide copies of records or documents, or to provide any other information, in relation to the application; and
(b)	the organisation or permit holder has not complied with the request or requirement; and
(c)	the FWC is satisfied that the organisation or permit holder does not have a reasonable excuse.”

[3]        To extend the period of the expiry of an entry permit I must be satisfied of the matters

set out in s.516(2).

[4] On 17 February 2011 Fair Work Australia (as it was then known) issued a right of

entry permit to Mr Kong in matter RE2011/2618 (the old permit). In accordance with
paragraph 516(1)(a) of the Act the old permit will expire on 17 February 2014.

[5] On 17 December 2013 an application was lodged by the CFMEIUEQ under s.512 of the Act for a new entry permit for Mr Kong in matter RE2013/1811 (the new application). I am satisfied that the CFMEIUEQ applied a for new entry permit for Mr Kong at least one month before the old permit is due to expire under paragraph 516(1)(a).

[6] The new application was accompanied by a declaration signed by Mr Kong and a declaration signed by Mr Michael Ravbar, the State Secretary of the Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland. Subsection 513(1) of the Act requires any relevant matters be considered when deciding whether Mr Kong is a fit and proper person to hold an entry permit. I intend to ensure that relevant matters are given appropriate and thorough consideration. This consideration is unlikely to conclude before 17 February 2014. Consequently I am satisfied that the old permit is likely to expire before I complete my determination of the new application.

[7] Section 516(4) is not relevant to the determination of this application because the

organisation or permit holder have complied with requests for information from the Fair Work
Commission in relation to the application.

[8] I am satisfied that the requirements set out in paragraphs 516(2)(a) (b) and (c) of the Act have been met. Therefore I am able to extend the period for entry permit RE2011/2618. Subsection 516(3) requires that the period must not be longer than considered necessary to determine the new application. In my view the new application should be finalised by 17 March 2014.

[9] Accordingly, I grant an extension to the expiry date of right of entry permit RE2011/2618 until 17 March 2014.

[10] I acknowledge receipt on 17 December 2013 of entry permit RE2011/2618. I return the permit to Mr Kong with this Decision.

[2014] FWCD 932

DELEGATE OF THE GENERAL MANAGER

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