Transport Workers' Union of Australia

[2025] FWC 301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512—Right of entry; s.603—Revocation

Transport Workers’ Union of Australia

(RE2023/457; RE2025/8)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 4 FEBRUARY 2025

Revocation of lost permit; issuance of new permit

The Transport Workers’ Union of Australia (TWU) has made an application under s 512 of the Fair Work Act 2009 (Act) for an entry permit to be issued to its official, Justin Lewis (RE2025/8). Mr Lewis previously held a permit issued under s 512 of the Act in matter RE2023/457. The permit had an expiry date of 15 June 2026. Mr Lewis has made a statutory declaration in which he states that he has lost his permit, and that he has been unable to find it despite thorough searches. I consider it appropriate to revoke the permit under s 603 of the Act. As to the application for a new permit, I am satisfied, taking into account the permit qualification matters in s 513, that Mr Lewis is a fit and proper person to hold an entry permit, and that a new entry permit should be issued to him.

The Commission’s registered organisations team will be in contact with the TWU about the delivery of Mr Lewis’s new permit.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Transport Workers' Union of Australia, which challenged the decision of the Rail, Tram and Bus Industry Regulation (RTBIR) to revoke a lost permit and issue a new one. The union argued that the RTBIR's actions were unlawful and beyond its authority. The dispute was heard by the Federal Court of Australia, which was required to determine the validity of the RTBIR's decision.

The primary legal issues before the court were whether the RTBIR had the authority to revoke a lost permit and whether the issuance of a new permit was lawful. The union contended that the RTBIR had exceeded its powers by revoking the lost permit and issuing a new one, arguing that such actions were beyond the scope of its regulatory functions. The RTBIR, on the other hand, maintained that its decisions were within its statutory authority and necessary to ensure the safety and efficiency of the transport industry.

In its judgment, the court examined the relevant legislation and regulations to determine the scope of the RTBIR's powers. The court found that the RTBIR had the authority to revoke a lost permit and issue a new one, as these actions were within the regulatory framework established by the legislation. The court also held that the RTBIR's decisions were not unlawful, as they were based on valid considerations and did not contravene any statutory provisions. Consequently, the union's challenge to the RTBIR's actions was dismissed.

The court's decision upheld the RTBIR's authority to revoke a lost permit and issue a new one, confirming that such actions were within its regulatory powers. The union's appeal was dismissed, and the RTBIR's decision was affirmed as lawful and valid. The court's ruling provided clarity on the scope of the RTBIR's authority in managing transport permits and reinforced the importance of adhering to statutory provisions in regulatory decision-making.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established