A union had applied for a right of entry permit for one of its officials under the Industrial Relations Act 1979 (WA). The Commission was required to determine whether the official was a fit and proper person to hold a permit, having regard to the statutory criteria and any other relevant matters. Certain matters had been disclosed in the application relevant to the fit and proper purpose test, however, there were omissions and inaccuracies in the affidavit materials filed in support of the application.

Chief Commissioner Kenner concluded that, having regard to all of the evidence, the official was a fit and proper person to hold a right of entry permit, and accordingly a permit was issued. However in doing so, the Chief Commissioner observed that the deficiencies in the application were serious, and that full and accurate disclosure is central to the proper operation of the right of entry regime and to public confidence in the permit process. The Commission accepted that the omissions and inaccuracies were not deliberate but resulted from carelessness in preparing the material before it.

 

The decision can be read here.