Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Construction Workers Divisional Branch

[2014] FWCD 2337

FURTHER DECISION

Fair Work Act 2009
s.516(2)—Application for extension of period right of entry permit
Construction, Forestry, Mining and Energy Union
(RE2014/509)
MR ENRIGHT	MELBOURNE, 9 APRIL 2014

[1] On 5 February 2014 an application dated 5 February 2014 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 Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[2] On 10 February 2014 I granted an extension to the expiry date of right of entry permit

RE2011/2617 until 17 March 2014 in decision PR547535.

[3] On 6 March 2014 an application dated 6 March 2014 was lodged by the CFMEU

under s.516(2) of the Act to further extend the 3 year period of a permit to enter and inspect
premises issued to Mr Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[4] On 7 March 2014 I granted an extension to the expiry date of right of entry permit

RE2011/2617 until 17 April 2014 in decision PR548473.

[5] On 8 April 2014 an application dated 8 April 2014 was lodged by the CFMEU under

s.516(2) of the Act to further extend the 3 year period of a permit to enter and inspect
premises issued to Mr Anthony Robert Kong in matter RE2011/2617 on 17 February 2011.

[6] Subsection 516(3) requires that the extension to the expiry date must not be longer than considered necessary to determine the new application RE2013/1809. I intend to ensure that the new application is given appropriate and thorough consideration, and it is my view that the new application will be finalised by 17 May 2014.

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

Act have been met.

[8] 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 RE2011/2617.

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

RE2011/2617 until 17 May 2014.
[2014] FWCD 2337

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 extend the expiry date of a right of entry permit issued to Mr. Anthony Robert Kong under section 516(2) of the Fair Work Act 2009. The application was heard by a delegate of the General Manager in Melbourne on 9 April 2014. The permit, originally issued on 17 February 2011, had already been extended twice before, with the most recent extension expiring on 17 April 2014. The CFMEU sought a further extension until 17 May 2014 to allow time for a new application, RE2013/1809, to be considered.

The primary legal issue before the court was whether the extension of the permit's expiry date to 17 May 2014 was necessary and permissible under the Fair Work Act. The court needed to consider if the extension was within the bounds set by section 516(3) of the Act, which mandates that the extension must not be longer than considered necessary to determine the new application. Additionally, the court had to ensure that the requirements under section 516(2) were satisfied, and that section 516(4) did not apply as the Fair Work Commission had not requested any records or information related to the permit.

The court found that the extension to 17 May 2014 was necessary and appropriate given the circumstances. The delegate was satisfied that the conditions set out in section 516(2)(a), (b), and (c) were met. The court also noted that section 516(4) was irrelevant since no records or information had been requested by the Fair Work Commission. Consequently, the delegate granted the extension, allowing the new application to be finalised by 17 May 2014.

The final order was that the expiry date of the right of entry permit RE2011/2617 was extended to 17 May 2014. This decision ensured that the new application RE2013/1809 could be thoroughly considered within the timeframe deemed necessary by the delegate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established