RIGHT OF ENTRY – application for permit – ss.512, 513 Fair Work Act 2009 – application by Construction, Forestry, Mining and Energy Union – Construction and General Division, Queensland Northern Territory Divisional Branch for issue of right of entry permit for Mr Michael Robinson – whether Mr Robinson a fit and proper person to hold an entry permit – fit and proper person description used as a measure of suitability to perform or carry out a particular function or be given a particular right or privilege [Maritime Union of Australia] – Mr Robinson had held entry permit since October 2008 – in May 2016 Mr Robinson was found to have deliberately contravened s.417 of the FW Act and was fined $6,700 (Bechtel dispute) – three month suspension of permit and conditions imposed – Mr Robinson also found to have been involved in organising unprotected industrial action in September 2016 (Lendlease dispute) – Commission considered permit qualification matters in s.513(1) of the FW Act – considered Bechtel and Lendlease highly relevant to consideration of whether Mr Robinson a fit and proper person to hold an entry permit and relate to his general attitude to complying with industrial law – noted inappropriate conduct in Lendlease dispute happened only three months after Mr Robinson was subject to penalties as a result of Bechtel dispute – drew inference Mr Robinson had not learned the error of his ways – Commission not satisfied Mr Robinson would perform role as a permit holder in a way that respects the obligations of that role – not satisfied any conditions could be imposed in accordance with s.515(1) of FW Act that would alter that assessment – found Mr Robinson was not a fit and proper person to hold an entry permit – application refused. Construction, Forestry, Mining and Energy Union – Construction and General Division, Queensland Northern Territory Divisional Branch
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