s.512 - Renewal by existing permit holder for same organisation

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Application for issue of right of entry permit for Ashley Bamford - satisfied that fit and proper person - permit issued.

[1] On 16 January 2026 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia made an application to the Fair Work Commission under s 512 of the Fair Work Act 2009 (Cth) for an entry permit for Mr Ashley Bamford, who is an Organiser.

[2] The application is to renew a current entry permit.

[3] The only issue of potential concern disclosed in the application relates to the fact that Mr Bamford has been named as a cross-respondent in Federal Court proceeding NSD1339/2024 - CEPU v UGL Engineering Pty Ltd. The CEPU claims UGL denied and/or hindered Mr Bamford's entry to UGL's Hunter Power Project site on 11, 12, 13, 16 and 17 September 2024, 28 October 2024, and 11 March 2025. UGL filed a cross-claim alleging Mr Bamford contravened section 499 and/or 500 of the Act on 11 and 12 September 2024, and 11 March 2025 during attempted entries to the Hunter Power Project on those days. Mr Bamford denies these contraventions. Evidence in relation to the cross-claim has been filed by Mr Bamford. The matter will be heard after April 2026.

[4] In light of Mr Bamford's denial of these allegations and there being no additional material before the Commission in relation to the allegations, I will treat this as a neutral consideration. However, both the CEPU and Mr Bamford have agreed, at my request, that a condition be imposed on Mr Bamford's right of entry permit whereby Mr Bamford is required, as soon as practicable, to inform the Commission of the outcome of the Federal Court proceedings involving UGL.

[5] Having taken into account the permit qualification matters set out in s 513 of the Act, I am satisfied that Mr Bamford is a fit and proper person to hold a right of entry permit.

[6] I am satisfied that it is appropriate to exercise the discretion conferred on me by s 512 of the Act in favour of issuing Mr Bamford with an entry permit. I will impose a condition on the entry permit issued to Mr Bamford whereby Mr Bamford is required, as soon as practicable, to inform the Commission of the outcome of the Federal Court proceedings involving UGL.

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