RIGHT OF ENTRY – application for permit – conditions – ss.512, 515 Fair Work Act 2009 – application for entry permit for Mr Michael Haire – Mr Haire has been employed as an organiser by the Queensland and Northern Territory Divisional Branch of the CEPU since September 2010 – based in Cairns, his area of responsibility is far North Queensland – in May 2016 the Federal Court issued its judgement in Robinson – the Federal Court found that during the course of the dispute three union officials, including Mr Haire, organised industrial action by employees of Laing O’Rourke Construction Australia P/L during the term of an enterprise agreement, in breach of s.417 of the FW Act – the Federal Court imposed a penalty of $6,700 on Mr Haire and $35,500 on the CEPU in relation to Mr Haire’s conduct – in June 2016 the Director of the Fair Work Building Industry Inspectorate (the Director) applied to the Commission under s.507(1)(a) for a condition to be imposed on Mr Haire’s entry permit – on 5 July 2016 Watson VP ordered that ‘a three month suspension be imposed, but that suspension be suspended’ – a matter of days after Watson VP’s order was issued, Simpson C issued his decision in JKC [[2016] FWC 536] – decision concerned an application for orders pursuant to s.505 against six respondents, including the CEPU and Mr Haire – application stemmed from a dispute that initially arose from a right of entry exercised by Mr Haire and two other officials – conduct of Mr Haire was inconsistent with his obligations under ss.491, 492 and 492A – Simpson C decided not to issue any orders – Mr Haire submitted that his entry permit should be renewed with the balance of the condition imposed by Watson VP ‘rolled over’ so that the ‘suspended suspension’ would remain in place for 12 months from the date that it was issued (5 July 2016) – role of Commission in matters such as this is concerned with the future conduct of the permit holder rather than punishing him or her for past misconduct – In the absence of Simpson C’s decision in JKC the Commission would have been content to ‘roll over’ the condition imposed by Watson VP with an expiry date of 5 July 2017 – Commission satisfied that Mr Haire’s permit should be renewed, but that a condition should be imposed – with the imposition of the condition, and having regard to all the permit qualification matters, Commission satisfied that Mr Haire was a fit and proper person to hold an entry permit. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Queensland and Northern Territory Divisional Branch
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