s 512 - Right of entry

Transport Workers' Union of Australia-NSW/QLD/VIC/TAS (Interim Governance) Branch

Section 512 - Application for a right of entry permit for James Ian Scott - permit issued.

• [1] The Transport Workers' Union (TWU) has applied to the Fair Work Commission (Commission) under s.512 of the Fair Work Act 2009 (the Act) for the issue of a right of entry permit to Mr James Ian Scott. Mr Scott is employed by the TWU as an Organiser. Section 512 permits the Commission to issue a right of entry permit if satisfied that the person who is the subject of the application is a fit and proper person to hold a permit.

• [2] The principles for determining right of entry permit applications are well settled. The fitness and propriety of a proposed permit holder is assessed taking into account the permit qualification matters set out in s.513(1) having regard to the rights a permit holder can exercise under Part 3-4 of the Act, the limitations on and conditions attaching to the exercise of those rights, and responsibilities that are exercised in relation to those rights.

• [3] The focus of the Commission's inquiry is not whether the proposed permit holder is a fit and proper person in some abstract sense. The inquiry is whether a proposed permit holder is a fit and proper person to hold an entry permit, and to exercise the powers, functions and responsibilities attached to holding a permit.[1] The Commission must be satisfied, at the time the application is determined, whether the proposed permit holder is a fit and proper person to hold an entry permit.

• [4] In support of its application the TWU filed the Form F42 application for an entry permit, a certificate of completion of federal right of entry training and national police check for Mr Scott.

• [5] Section 513(g) of the Act required the Commission to take into account any other matters that the Commission considers relevant when deciding if the official is a fit and proper person. The police check of Mr Scott reveals a number of minor infringements dating back as far as 1991 and as recent as 2024. However taking into account the dates and nature of these infringements, I do not consider these to be so significant as to weigh against a conclusion that Mr Scott is not a fit and proper person.

• [6] Although, given the number of infringements contained in Mr Scott's police check and out of an abundance of caution I have sought to include the following condition with respect to Mr Scott's permit:

If any findings are made or convictions imposed that are relevant to the permit qualification matters at s.513(a)-(f) of the Fair Work Act 2009, or proceedings commenced that may lead to findings made or convictions imposed that are relevant to the permit qualification matters at s.513(a)-(f) of the Fair Work Act 2009, then the holder is to notify the Fair Work Commission within 2 weeks of the finding being made, the penalty or the conviction imposed.

• [7] My chambers emailed the TWU and Mr Scott on 6 November 2025 proposing to issue the permit on this conditional basis and noted that if anyone objected to this course of action, they should notify my chambers by no later than close of business on 7 November 2025. The TWU replied on 6 November indicating that they had no objections to the permit being issued on the conditional basis described.

• [8] Accordingly, I am satisfied Mr Scott is a fit and proper person to hold a right of entry permit taking into account and weighing each of the permit qualification matters set out in s.513(1)(a) to (g) of the Act. The application by the TWU for an entry permit to be issued to James Ian Scott is granted with the condition noted above in paragraph [6].

• [9] A permit with the abovementioned condition will be issued separately.

[1] Maritime Union of Australia [2014] FWCFB 1973 at [23]; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, [2015] FWC 1522 at [32].

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