RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by Australian Salaried Medical Officers Federation (ASMOF) for right of entry permits for four proposed permit holders (Mr O’Kearney, Mr Miller, Ms Howells-Schramm and Mr Forsyth) – proposed permit holders hold the role of CEO, Industrial Officers and Workplace Relations Advisor – ASMOF submitted proposed permit holders received relevant, approved training regarding permit holder obligations and have not breached s.513 of the FW Act – ASMOF was informed Mr O’Kearney needed to complete refresher training as Commission Delegate requires that proposed permit holders complete right of entry training within 3 months of their right of entry application as per the general rule – ASMOF elected to have matter heard for each proposed permit holder – application dealt with in ex tempore hearing – considered MUA decision re ‘fit and proper person’ – also considered CEPU of Hatcher VP – established proposed permit holders declarations were accurate and correct weighing in favour that each proposed permit holder is a fit and proper person – Commission found the adoption and application of the general rule amounted to the imposition of an improper self-restraint or fetter upon the exercise of discretion – Commission clarified the purpose underpinning the general principle was to ensure that the holders of discretionary power remain attentive to each individual circumstances – clarified the passage of time needed to be assessed in context, not in a vacuum – held training undertaken several years prior to an application might be appropriate notwithstanding the passage of time in circumstances where the proposed permit holder, is a current permit holder, has held several permits, has routinely exercised entry rights without incident, and there has been no alteration to the right of entry scheme since the last training has been undertaken – found there needed to be regard to the quality of the training already received, the individual circumstances and experience of the officials and the other permit qualification requirements – Commission satisfied that proposed permit holders are fit and proper persons to hold entry permits – right of entry permits issued. Australian Salaried Medical Officers Federation
