RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by Construction, Forestry, Mining and Energy Union, Construction and General Division for an entry permit for Mr Cummins – Mr Cummins convicted for trespass under s.70A of the Criminal Code WA for conduct in 2010 – jumped fence at cricket match and ran onto field for 50 metres until apprehended – fined $1500 – became CFEMU Organiser in 2014 and was issued with entry permit – CFMEU did not disclose trespass conviction in 2014 application (original application) – in preparing current application, Mr Cummins advised CFMEU of conviction and said had also disclosed to CFMEU when original application prepared – current application disclosed trespass offence – Commission issued Decision in 2016 [[2016] FWC 536] (2016 Decision) concerning a right of entry dispute in which orders sought against respondents including CFMEU and Mr Cummins – concerns with Mr Cummins’ conduct included not following reasonable directions, not remaining with escort, not holding meeting in correct location and holding discussions with employees outside union’s eligibility – in 2016 Decision Commission indicated had given serious consideration to issuing orders to address future likelihood of repetition of conduct but decided not to issue orders – Commission in present matter found Mr Cummins received appropriate training about the rights and responsibilities of permit holder, most recently in October 2016 – no convictions of an offence against an industrial law – convicted of offence against State law involving entry onto premises, being 2010 trespass conviction – never ordered to pay a penalty under an industrial law – no revocations, suspensions or conditions placed on an entry permit or cancellations or disqualifications regarding right of entry – trespass conviction and matter subject of 2016 Decision relevant – Commission considered 2016 matter more serious – number of adverse findings made against Mr Cummins in decision which in effect found he had exercised right of entry in a way inconsistent with objections under FW Act – no orders made because Commission considered they would not be appropriate way of resolving dispute – Commission held no evidence that Mr Cummins had misused entry permit on any other occasion, or otherwise acted inconsistently with obligations under industrial law – having regard to factors, Commission satisfied Mr Cummins a fit and proper person to hold entry permit – permit issued. Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch
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