RIGHT OF ENTRY – application for permit – conditions ss.512, 515 Fair Work Act 2009 – applications by the CFMEU and the Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland for the issue of entry permits to MR Lowth, an official of both organisations – Mr Lowth has held entry permits since 2003 – Director of the Fair Work Building Industry Inspectorate (Director) elected to exercise his right under s.72 of Mr Lowth’s statutory declarations notified the Commission that his permits expired in April 2015 – a spreadsheet erroneously recorded the expiry date of permits as April 2016 not April 2015 and as a result of that error, no application was made to renew the permits before their expiry – Mr Lowth submitted he had not intentionally misled any employer or site occupier about the fact that he had not had right of entry permits since April 2015 and had been issuing right of entry notices under the misapprehension that he was the holder of entry permits – the Director did not submit that Mr Lowth was not a fit and person to hold an entry permit, rather sought that a condition be imposed on any entry permit issued to MR Lowth – Commission held that Mt Lowth demonstrated lack of diligence on his part to ensure that he conducted himself in accordance with the relevant requirements of the FW Act – concluded that Mr Lowth was a fit and proper person to hold an entry permit – found conditions were necessary to remedy a deficiency in Mr Lowth’s history going to fitness and propriety – following conditions attached to the entry permits to be issued to MR Lowth: (1) Mr Lowth must take steps to verify that his permit is current before he issues any entry notice under the Fair Work Act 2009; and (2) Mr Lowth must have his entry permit on his person at nay time he exercises entry rights under Part 3-4 of the Fair Work Act 2009, and must produce that entry permit in accordance with the requirements of ss.489 and 497 (as applicable) – permits issued with conditions. Construction, Forestry, Mining and Energy Union and Anor.
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