s.516 - Application to extend entry permit

Construction, Forestry and Maritime Employees Union-Construction and General Division, New South Wales Divisional Branch

Application for an extension of a right of entry permit for Mr Michael Shane Smith

[1] On 16 December 2025, the Construction, Forestry and Maritime Employees Union (CFMEU) applied under s 512 of the Fair Work Act 2009 (Cth) (the Act) for an entry permit to be issued to Mr Michael Shane Smith. On 16 December 2025, the CFMEU also applied under s 516 of the Act for Mr Smith's current entry permit to be extended, pending the determination of the s 512 application.

[2] Mr Smith's current entry permit expired on 10 February 2026. Therefore, the application for the new permit had been made at least one month prior to the expiration of the then current permit.

[3] On 13 January 2026 I held an on the record Mentions Hearing by Microsoft Teams, attended by Ms Sherri Hayward on behalf of the CFMEU and Mr Smith. At that hearing I was satisfied that the requirements set out in ss 516(2)(a), (b) and (c) of the Act had been met and the application for the issue of a new right of entry permit would be dealt with in a prompt manner.

[4] Accordingly, at the Mentions Hearing on 13 January 2026, I granted an extension to the expiry date of the right of entry permit of Mr Smith (RE2022/1425) until the Fair Work Commission determines the application for an entry permit for Michael Shane Smith (RE2025/1286).

[5] An order giving effect to this decision is separately issued in PR796659.

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