To be a permit holder, a person must meet certain requirements in the Fair Work Act. This includes being a 'fit and proper person'. Understand what this means.
Under the Fair Work Act 2009, a permit holder must be:
- an elected officer of a union OR
- an employee of a union AND
- a ‘fit and proper person’.
The definition of ‘fit and proper’
The Fair Work Act says the Commission must decide if a person is a ‘fit and proper person’ to hold a permit.
Section 513 says we must consider several ‘qualification matters’ for a permit. We look at whether the person who will be the permit holder:
- has done the right of entry training
- has ever paid a penalty, or had a penalty paid on their behalf by a person or organisation, under the Fair Work Act or other industrial law for their past actions
- held a permit previously that had conditions put on it, or was cancelled or suspended
- has a conviction for:
- breaking an industrial law
- illegal entry to a premises
- intentional violence against another person
- intentional damage or destruction of property.
We can also consider any other matters that are relevant to the permit application.
We may ask the union and the permit holder for more information before we decide whether to issue or not issue the permit.
We will not issue a new entry permit if the permit holder is still in a ‘ban period’ for a revoked or suspended permit. They may re-apply after the ban expires.
We cannot issue a permit if a court or other legal body disqualifies the holder from:
- applying for a right of entry
- exercising a right of entry.
See Section 514 of the Fair Work Act.