s.512 - Right of entry

Application for a right of entry permit for Nikau Isfree Irvine - permit previously issued - permit never received - order revoking missing permit - permit reissued.

• [1] The Media, Entertainment and Arts Alliance (MEAA) applied under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit to its official, Ms Nikau Isfree Irvine. The Commission subsequently issued Ms Irvine a right of entry permit which will expire on 15 December 2024.

• [2] Ms Irvine's permit is one of the 37 missing entry permits referred to in decision [2022] FWC 123. As indicated in that decision, in order for Ms Irvine to hold a valid entry permit, the missing permit must be revoked and a permit must be reissued. In order to issue a permit to Ms Irvine, I need to be satisfied that she is a fit and proper person to hold a permit under the Act taking into account the permit qualification matters. The relevant statutory considerations set out in [2022] FWC 123 are adopted here and need not be repeated.

• [3] In support of its application MEAA filed declarations by Ms Irvine and Mr Simon Collins, Federal President (the Declarations).

Permit qualification matters - s.513(1)(a), (b), (c), (d), (e) and (f)

• • Ms Irvine has received appropriate training about the rights and responsibilities of a permit holder by undertaking a course of training on the subject of a federal right of entry conducted on 22 October 2021 (s.513(1)(a) of the Act));[1]

• • Ms Irvine has never been convicted of an offence against an industrial law (s.513(1)(b) of the Act);[2]

• • Ms Irvine has never been convicted of an offence against a law of the Commonwealth, State, Territory or a foreign country, involving conduct described in s.513(1)(c) of the Act;[3]

• • Neither Ms Irvine nor any other person has been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by her (s.513(1)(d) of the Act);[4]

• • Ms Irvine has not had any entry permit issued under Part 3-4 of the Act or a similar law of the Commonwealth revoked, suspended or had imposed conditions on any such permit (s.513(1)(e) of the Act);[5]

• • Ms Irvine has not had cancelled, suspended or imposed conditions on any right of entry permit for industrial or occupational health and safety purposes that Ms Irvine held under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(i) of the Act);[6] and

• • Ms Irvine has not been disqualified from exercising or applying for a right of entry permit for industrial or occupational health and safety purposes under a State or Territory industrial law or a State or Territory occupational health and safety law (s.513(1)(f)(ii) of the Act).[7]

• [5] I accept that the information disclosed in the Declarations concerning these matters is accurate and correct. These matters weigh in favour of a conclusion that Ms Irvine is a fit and proper person to hold a right of entry permit.

• [6] There are no other matters of which I am aware that I consider relevant to the determination of whether Ms Irvine is a fit and proper person to hold an entry permit.

• [7] Pursuant to s.603 of the Act, the entry permit formerly issued to Ms Irvine by decision of the delegate is revoked with effect from the date of this decision. A revocation order is separately issued in PR737825.

• [8] Taking in account the permit qualification matters, for the reasons earlier stated I am satisfied that Ms Irvine is a fit and proper person to hold an entry permit.

• [9] A permit will be reissued to Ms Irvine separately.

[1] Form F42, Declaration by proposed permit holder dated 12 November 2021 at (a) and correspondence of successful completion from Mr Koulouris dated 25 October 2021

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