Fair Work Act 2009

s.512 - Right of entry

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

Application by CFMMEU for issue of right of entry permit for Jesse Eric Strand - satisfied that fit and proper person - permit issued.

[1] On 6 July 2021, the Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, New South Wales Divisional Branch (CFMMEU) made an application to the Fair Work Commission (Commission) under s 512 of the Fair Work Act 2009 (Cth) (Act) for an entry permit for Mr Jesse Eric Strand, who is employed by the CFMMEU in the position of State Organiser.

[2] The current right of entry permit held by Mr Strand expires on 6 August 2021.

[3] The CFMMEU relied on a declaration made by Mr Strand on 6 July 2021 in support of the application, a declaration made by Mr Darren Greenfield, New South Wales Divisional Branch Secretary of the CFMMEU, on 6 July 2021, and a letter dated 5 July 2021 confirming that Mr Strand completed training about the rights and responsibilities of a permit holder.

[4] On 20 July 2021, the Australian Building and Construction Commissioner (ABCC) gave notice of its intention to intervene in these proceedings. However, on 3 August 2021, the ABCC informed the Commission that having considered my earlier decision in which I granted Mr Strand an entry permit in 2018,[1] the ABCC no longer wished to be heard on the application.

[5] There are only two relevant acts or omissions which have happened since I issued Mr Strand his first entry permit in 2018. First, Mr Stand has undertaken training, on 5 July 2021, about his rights and responsibilities as a permit holder. Secondly, there is no suggestion on the material before the Commission that, at any time since Mr Strand was issued his first entry permit in 2018, he has contravened an industrial law or otherwise conducted himself in a manner which would cast any doubt on his fitness or propriety to hold an entry permit.

[6] After taking into account and weighing each of the permit qualification matters set out in s 513(1)(a) to (g) of the Act, I am satisfied that Mr Strand is a fit and proper person to hold a right of entry permit.

[7] I have considered whether any conditions should be imposed on any entry permit issued to Mr Strand conjointly with my consideration of whether he is a fit and proper person to hold an entry permit. My conclusion on that score is that no conditions should be imposed.

[8] In all of the circumstances, 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 Strand with an entry permit.

[1] [2018] FWC 4489

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