RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by Victorian Branch of the AMWU for a right of entry permit for official, Mr John Webb – Australian Building and Construction Commissioner filed and served written submission addressing permit qualification matters but not whether an entry permit should be issued – content for application to be determined without hearing – Commission noted relevant statutory provisions and application – considered MUA decision of Full Court of Federal Court of Australia re ‘fit and proper person’ – also CEPU decision of Hatcher VP – statutory declaration filed by AMWU – Commission accepted disclosed information as accurate and correct – declarations disclosed that Mr Webb had previously engaged unprotected industrial action and a proceeding in Federal Court of Australia in relation to that conduct was pending – disclosed that Mr Webb had cooperated and made an admission in respect of conduct in contravention of s.417(1)(a) of FW Act – Tracey J ordered Mr Webb to pay a pecuniary penalty in respect of contravention – Mr Webb filed further statement and provided some context for previous conduct – acknowledged his obligation to comply with the law and gave assurances regarding future conduct – Commission noted assessment of application is not punitive aimed at continuing punishment for past wrongdoings – assessment is whether Mr Webb was fit and proper person to hold entry permit having regard to permit qualification matters – Commission considered Mr Webb to be a fit and proper person to hold permit – unnecessary to consider imposing conditions – application granted. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)-Victorian Branch
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