RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by the Western Australian Branch of the Maritime Union of Australia for a right of entry permit for Secretary, Mr Cain – in interim decision of 21 November 2016 Commission gave union further opportunity to provide evidence addressing concerns [[2016] FWC 8230] – Mr Cain showed he would actively discourage future unprotected industrial action – he confirmed absence of ‘closed shop’ arrangements and that no such arrangements would be supported in future – he recognised that employees may elect to work during periods of protected industrial action without fear of retribution – Commission satisfied that additional evidence and absence of relevant matters since 2012 Chevron matter rendered Mr Cain a fit and proper person to hold an entry permit – Commission did not impose conditions on permit – Mr Cain had comprehensive knowledge of FW Act obligations so additional training unnecessary – breach of Mr Cain’s undertakings would make it difficult for him to be regarded as fit and proper person to hold entry permit in future – Commission ordered that entry permit be issued. Maritime Union of Australia, The Western Australian Branch
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