The applicant union applied to the Commission for a right of entry permit for its official, who had been employed as an Organiser with the applicant since May 2025. The organiser had previously been charged with intentionally damaging property and had pleaded guilty to a downgraded charge of wilful damage.

The applicant supported its application with statutory declarations and various documents, asserting that the union member met the criteria for a right of entry permit. The applicant highlighted the union member’s training, lack of convictions against industrial laws, and the absence of any opposition to the application. The applicant also addressed the downgraded charge, arguing that it was a minor offence and did not involve entry onto premises, fraud, dishonesty, or violence.

In reviewing whether the organiser should be issued a ROE permit, the Commission was bound by the mandatory criteria to determine whether the official is a fit and proper person to hold a right of entry permit, and any other matters the Commission considers relevant. The decision in this matter is the first of its kind since the Industrial Relations Act 1979 (IR Act) was amended in 2024 to align with the right of entry permit provisions of the Fair Work Act 2009 (FWA).

Commissioner Emmanuel considered the applicant’s submissions regarding the organiser’s character and was satisfied that he had fulfilled the fit and proper person criteria, including:

1. He had received appropriate training about the rights and responsibilities of an authorised representative, including completion of the ‘WA Right of Entry Permit Holder Training.’  The training and the training provider were both approved by the Work Health and Safety Commission.
2.  He had never been convicted of an offence against an industrial law.
3. He had never been convicted of an offence referred to in s 49P(2)(c) of the IR Act.
4. He had never been ordered to pay a penalty under an industrial law in relation to his actions.
5. He had not had a right of entry permit issued to him, or a right of entry for industrial or work health and safety purposes under an industrial law or work health and safety law, revoked or suspended.
6. He had not ever been disqualified under an industrial law or a work health and safety law from exercising, or applying for, a right of entry for industrial or work health and safety purposes under that law.

Commissioner Emmanuel took into account the Fair Work Commission's prior determination of the organiser’s suitability to hold a right of entry permit under the FWA, his conduct during previous entries onto premises, and the lack of opposition to the permit. The Commissioner concluded that a right of entry permit be issued without any conditions.

 

The decision can be read here.