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

[2014] FWCD 1623

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, 7 MARCH 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 by a period of two months.

[4] 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 April 2014.

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

Act have been met.

[6] 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.

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

RE2011/2617 until 17 April 2014.
[2014] FWCD 1623

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) sought an extension of a permit for Mr Anthony Robert Kong to enter and inspect premises under section 516(2) of the Fair Work Act 2009. This was a follow-up to an earlier application, which was granted, extending the permit's validity to 17 March 2014. The present application aimed to extend the permit's validity by an additional two months, to 17 April 2014. The case was heard by the Delegate of the General Manager in Melbourne.

The primary legal issue was whether the requirements for extending the permit under section 516(2) of the Act were met. This involved assessing whether the extension was necessary and reasonable to determine the new application, as required by subsection 516(3). Additionally, the Delegate considered whether any other provisions of the Act, such as section 516(4), impacted the decision.

The Delegate found that all conditions for an extension under section 516(2) were satisfied. The proposed extension period was deemed necessary and reasonable to allow sufficient time to thoroughly consider the new application, which was expected to be finalised by 17 April 2014. Section 516(4) did not apply as there was no requirement from the Fair Work Commission to provide records or documents related to the permit.

In light of the findings, the Delegate granted the application, extending the permit's validity to 17 April 2014. This decision ensures that the permit holder has adequate time to address the new application while maintaining compliance with the statutory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established