Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Builders' Labourers' Divisional Branch

[2013] FWCD 9749 [Note: a correction has been issued to this document]

FURTHER DECISION

Fair Work Act 2009
s.516(2)—Application for extension of period right of entry permit
Construction, Forestry, Mining and Energy Union
(RE2013/1684)
MR ENRIGHT	MELBOURNE, 12 DECEMBER 2013

[1] On 8 November 2013 an application dated 7 November 2013 was lodged by the

Construction, Forestry, Mining and Energy Union (CFMEU) under s.516(2) of the Fair Work

Act 2009 (the Act) to extend the 3 year period of a permit to enter and inspect premises issued

to Mr Kane Pearson in matter RE2010/3822 on 19 November 2010.

[2] On 18 November 2013 I granted an extension to the expiry date of right of entry

permit RE2010/3822 until 17 December 2013 in decision PR544433.

[3] Subsection 516(3) requires that the extension to the expiry date must not be longer than considered necessary to determine the new application RE2013/1638. I intend to ensure that the new application is given appropriate and thorough consideration, and it is my view that the new application will not be finalised by 17 December 2013.

[4] I am satisfied that the requirements set out in paragraphs 516(2)(a) (b) and (c) of the

Act have been met.

[5] Section 516(4) is not relevant to the determination of this application because the Fair Work Commission has not requested nor required the organisation or permit holder to provide copies of records or documents, or to provide any other information, as it relates to permit RE2010/3822.

[6] Accordingly, I grant a further extension to the expiry date of right of entry permit

RE2010/3822 until 17 January 2013.
[2013] FWCD 9749

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for an extension of a right of entry permit issued to Mr. Kane Pearson under section 516(2) of the Fair Work Act 2009. The permit was originally issued on 19 November 2010 and the CFMEU sought an extension beyond the initial three-year period. The application was considered by a delegate of the General Manager of the Fair Work Commission. The legal issues involved interpreting section 516(2) of the Fair Work Act to determine if the requirements for an extension were met and if the extension period granted was appropriate.

The delegate considered the application under section 516(2) of the Fair Work Act, which allows for an extension of a right of entry permit if certain conditions are satisfied. The delegate found that the requirements under section 516(2)(a), (b), and (c) were met, and that the extension should not exceed what is necessary to determine the new application. The delegate noted that the new application would not be finalised by the initially extended date of 17 December 2013 and granted a further extension to 17 January 2013.

In summary, the Fair Work Commission delegate granted the CFMEU's application for an extension of the right of entry permit issued to Mr. Kane Pearson. The delegate found that the statutory requirements for an extension were satisfied and that a further extension to 17 January 2013 was appropriate. The delegate's decision ensures that the new application will be given thorough consideration without unnecessary delays.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established