RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by CFMEU for a right of entry permit for Mr Greenfield – Mr Greenfield is a CFMEU organiser – Mr Greenfield has been issued with an entry permit previously on 9 January 2014 – Commission considered declarations disclosed in application to determine if Mr Greenfield was a fit and proper person to hold permit – declaration disclosed that in 2016 Director of Fair Work Building Industry Inspectorate commenced three court proceedings again Mr Greenfield and others – Commission found no findings of contravention have been made against Mr Greenfields in regards to these matters thus not considered applicable at this time – declaration disclosed Mr Greenfield held entry permit from 9 January 2017 – it was not returned to the Commission upon expiry because Mr Greenfield had lost it – loss of entry permit resulted in failure to return permit within 7 days of expiry – breach of s.517(1)(c) of FW Act civil penalty provision – loss of permit demonstrates lack of diligence which is adverse to a finding that he is a fit and proper person – Commission satisfied Mr Greenfield received appropriate training – has never been convicted on an offence against industrial law of law of Commonwealth State or Territory or foreign country – Mr Greenfield never order to pay a penalty under an Act or industrial law – no entry permit been issued and then revoked or suspected or made subject to conditions – lack of diligence not sufficient to disqualify him from holding a permit – Commission satisfied on overall balance that Mr Greenfield is a fit and proper person to hold an entry permit – permit to be issued. Construction, Forestry, Mining and Energy Union – Construction and General Division
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