RIGHT OF ENTRY – revocation of permit – ss.512, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of Commission to revoke entry permits previously issued to Diana Asmar and Nick Katsis – Commission at first instance revoked permits on that basis that Asmar and Katsis had made false declarations and failed to complete requisite training – appellants appealed decision on the basis of five alleged legal errors – permission to appeal granted on the basis that the appeal raised novel and important issues – applicants submitted decision-maker had regard to irrelevant considerations, failed to consider fitness and propriety of Asmar and Katsis to hold permits, failed to take into account Asmar’s curriculum vitae, denied procedural fairness was denied and that a fair-minded lay observer might reasonably apprehend the decision-maker might not have brought an impartial mind to the matter – Commission not satisfied of any indication of bias or lack of procedural fairness – Commission satisfied that findings on fitness and propriety not required for revocation of permits – no legal error arose by not considering Asmar’s curriculum vitae – Commission not satisfied irrelevant material considered – decision also appealed on basis of three alleged factual errors – appellants submitted there was no proper basis on which to find that Asmar did not complete her own right of entry test, no basis on which to find that Katsis did not rely on ACTY data in order to support those findings – Commission not satisfied that alleged errors of fact made out – appeal dismissed. Appeal by Health Services Union – Victoria No. 1 Branch and Ors against decision of Watson VP of 26 June 2015 [[2015] FWC 3359] and order of 29 June 2015 [PR568839].
