RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application for an entry permit – application disclosed had gained access to premises without an entry permit on three occasions while under mistaken belief he had an entry permit – described each occasion as consensual entry – submitted further evidence the Association had written to each employer subject of his purported exercise of right of entry notifying them that applicant had not held an entry permit at the time and apologising for what occurred – Commission satisfied applicant’s conduct in purporting to exercise rights of entry without current entry permit not intentional but demonstrated lack of diligence – Commission not satisfied applicant fit and proper person to hold unconditional entry permit and imposed conditions – applicant must take steps to verify that he holds a current entry permit under the FW Act before he issues any entry notice under the FW Act – must have entry permit under the FW Act on his person at any time he exercises entry rights under the FW Act and must produce permit – conditions necessary to ensure no repetition of conduct disclosed – discretion exercised in favour of grant of entry permit with conditions. New South Wales Nurses and Midwives’ Association.
