RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by CFMEU for right of entry permit for Mr Merkx – application opposed by Director of Fair Work Building Industry Inspectorate – dispute whether Mr Merks received appropriate training regarding right of entry requirements – Mr Merkx previously engaged in unlawful industrial action in DFWBII v Merkx – Mr Merkx currently one named respondent in application filed in Federal Court regarding breaches of ss.348 and 355 of FW Act – whether Mr Merkx a fit and proper person to hold entry permit – Commission satisfied ACTU online training course to be an appropriate training provided to Mr Merkx [CEPU] – Mr Merkx did not fully comprehend he was contravening FW Act when he participated in unlawful industrial action – unable to conclude Mr Merkx not fit and proper person due to low penalty imposed in DFWBII v Merkx – application in Federal Court cannot be given any weight in consideration of CFMEU’s application – application contains allegations only – Commission satisfied Mr Merx a fit and proper person to hold an entry permit – application granted. Construction, Forestry, Mining and Energy Union
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