Fair Work Act 2009

s.512 - Application for a right of entry permit

Application for a right of entry permit for Thomas Kiat

• [1] The Australian Nursing and Midwifery Federation (ANMF) has made an application under s.512 of the Fair Work Act 2009 Cth (Act) for an entry permit to be issued to Thomas Kiat. Mr. Kiat has previously held an entry permit as an officer of the ANMF. The declarations made by the ANMF and Mr. Kiat in support of the permit application do not disclose any potentially adverse matters in connection with the permit qualification matters referred to in s.513(1)(a) to (f) of the Act.

• [2] In determining the application, I am also required to take into account s.513(1)(g), 'any other matters that the FWC considers relevant'. In this respect I note that Mr. Kiat's previous entry permit, which expired on 7 October 2024, was not returned until 24 June 2025. In support of the application Mr. Kiat has submitted to the Commission a statutory declaration dated 26 June 2025 in which he explains the circumstances relating to the return of his previous permit.

• [3] Mr. Kiat declared that in March 2024 he took a period of leave without pay from his position as industrial officer of the ANMF. Mr. Kiat said he moved interstate during that period and did not return to his position in New South Wales until January 2025. Mr. Kiat said that he was unaware that his permit had expired while he was away and did not become aware of that until 1 May 2025 when he was advised by his manager. Mr. Kiat said that upon becoming aware that his permit had expired, he immediately commenced the process of returning and attempting to replace the permit in accordance with the ANMF's processes. He said he regretted that it was not until several weeks after he became aware of the expiry that he provided the expired permit to the ANMF's administrative team to return to the Commission.

• [4] Mr. Kiat's declaration goes on to explain that he had inadvertently relied on his expired permit on three occasions in March and April 2025 to enter premises. He said on each occasion he provided notice in accordance with the Act but was not required to produce his permit and so did not have occasion to notice that the permit had expired. Mr. Kiat also said that on 22 April 2025 he issued a notice in purported reliance on the expired permit indicating his intention to exercise right of entry on 2 May 2025. On becoming aware that he did not have a current permit, Mr. Kiat said he advised the recipient of the notice that he did not have a current permit and could not exercise a statutory right to enter premises in reliance on that permit. Mr. Kiat deposed to the fact that he has not sought to rely on the expired permit at any time since becoming aware of its expiry.

• [5] Section 517(1)(c) of the Act requires a permit holder to return an entry permit within 7 days of its expiry. Part 3-4 of the Act only allows entry to premises by a person who holds a current permit. Permit holders must observe these requirements. Compliance with the Act requires permit holders to carefully note the expiry dates on their permits. However, I accept that Mr. Kiat has made an innocent mistake and the failure to return the expired permit within the requisite period was a result of inadvertence. I note incidentally that the ANMF has advised that it has taken proactive steps to put measures in place to ensure future compliance. This includes periodic checking of permits by managers, a staff briefing on compliance requirements and the maintenance of a central register of permit holders.

• [6] Noting the particular circumstances in this case, including the length of the delay in returning the permit, the fact that the expired permit was not returned immediately after Mr. Kiat became aware of its expiry, the purported reliance on the expired permit to seek entry to premises, and the fact that Mr. Kiat last completed a right of entry training course approximately 4 years ago - and taking into account the permit qualification matters referred to in s.513(1), I consider that it is appropriate to impose a condition on the new permit pursuant to s.515 of the Act. The condition is that:

Prior to the use of the permit, and within no more than 14 days of the date of issue of the permit, Mr. Kiat must again undertake an accredited right of entry training course and provide the Commission with evidence of the successful completion of that course within 7 days of its completion.

I am satisfied, having regard to all the circumstances, that Mr. Kiat is a fit and proper person to hold a permit and that a permit should be issued to him with the condition referred to above.

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