RIGHT OF ENTRY – misuse of system – s.604 Fair Work Act 2009 – appeal – Full Bench – two previous decisions were made by Watson VP – this appeal related to the second of the decisions to suspend or revoke the entry permits of certain CFMEU officials – prior to the appeal hearing written submissions and authorities had been considered by the Full Bench – the preliminary view was that permission to appeal should be granted and that the first instance decision had not contained sufficient reasons resulting in procedural unfairness – in addition as the CFMEU Queensland had not been a party to the original proceedings the orders relating to that organisation should be quashed – on the basis of the preliminary view the parties reached a consent position upholding the appeal, quashing the relevant decision and orders and remitting the matter to Catanzariti VP – the FWBC had requested that the matter be remitted to Watson VP and this was opposed by the CFMEU – the Full Bench held that it would not be inappropriate to remit the matter to Watson VP but given the strong opposition to this by the CFMEU, it was preferable to remit the matter to another Member. Appeal by Construction, Forestry, Mining and Energy Union against decision of Watson VP of 7 March 2016 in [2016] FWC 811 Re: Director of the Fair Work Building Industry Inspectorate t/a Fair Work Building and Construction
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