RIGHT OF ENTRY – application for permit – conditions – s.512 Fair Work Act 2009 – application by Victorian Branch of the AMWU for a right of entry permit for an official – official had been with AMWU since mid-1990s – official had been involved in two disputes that have led to penalties being imposed on him for breaches of industrial law in 2007-2008 – considered MUA decision of Full Court of Federal Court of Australia re ‘fit and proper person’ – also CEPU decision of Hatcher VP – in 2007 official contravened s.38 of the Building and Construction Industry Improvement Act 2005 (the BCII Act) by engaging in unlawful industrial action – ordered to pay a penalty of $1,500 – in 2008 official contravened s.44 of the BCII Act and was penalised $5000 – in 2014 official contravened ss.417(1), 421(1) and 346 – concerns about adequate first aid facilities and workers were directed to cease work as there was an immediate threat to their health and safety – work stoppages over the period 27-31 March 2014 – found directions to employees to cease work was not properly made under Occupational Health and Safety Act 2004, as no immediate threat to health and safety of any person – in relation to 2007-2008 incidents Commission satisfied official unlikely to behave in the same way again – in relation to 2014 dispute Commission satisfied official thought he was acting lawfully at the time – Commission concerned official does not understand interaction between industrial and occupational health and safety laws – inclined to find official a fit and proper person if Commission imposed condition on permit that official receive training of such interaction – Commission invited AMWU and ABCC to consider suitable condition to be imposed on permit. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) – Victorian Branch
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