Fair Work Act 2009

s.512 - Application for a right of entry permit

Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division

Application for a right of entry permit for Mr Jonathan William Farry- whether fit and proper person to hold an entry permit under the Act- permit previously issued with conditions - unconditional permit issued.

• [1] The Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers Division, New South Wales Sub-Division (the Branch) has made an application under s.512 of the Fair Work Act 2009 (Cth) (the FW Act) for a right of entry permit for Mr Jonathan William Farry. Mr Farry is lead organiser of the Branch.

• [2] Mr Farry was issued permits in 2015[1] and 2019[2] by Vice President Hatcher and Deputy President Gostencnik (as their Honours were then) respectively. On both occasions conditions were imposed.

• [3] Having regard to the declarations accompanying the application and the permit qualification matters set out in s.513(1) of the FW Act I am satisfied that Mr Farry is a fit and proper person to hold an entry permit.

• [4] Section 515 provides that the Commission may impose conditions on an entry permit. Given earlier permits held by Mr Farry have included conditions, I have considered whether the permit should include conditions. In circumstances where there has been a significant period of compliance - a decade since the imposition of the conditions on the earlier permits - I am satisfied that there is no ongoing need for the conditions, and I will not impose any conditions on the permit.

• [5] A permit without conditions will issue separately.

[1] [2015] FWC 8600

[2] [2019] FWC 7877

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