The FWBI Act provides the Director of FWBC with the power to intervene in court proceedings and make applications or submissions in matters before the Fair Work Commission (FWC). The Director will consider intervening or making applications or submissions in relevant proceedings that may impact the building industry or its participants.

A permit application means that FWBC has applied to the FWC to revoke, suspend or have conditions imposed on the existing permit of a union official.

A permit submission means that FWBC has provided additional information or an opinion (or both) to the FWC, to be considered with the FWC is deciding whether to issues a permit, having received of an application from a union official.

The FWC notifies FWBC when an application for new or renewed permit is received from a union official.

The Director will use the power to intervene and make applications or submissions as a means of improving standards of conduct in the industry as part of his function to promote a culture of lawful behaviour.

FWBC intervened in one matter during 2014 to 15, and made applications or submissions in 26 matters.

All submissions made by FWBC in 2014 to 15 were made to the FWC in relation to right of entry permits. Section 510 of the FW Act provides that where a permit holder has been ordered to pay a civil penalty, the FWC must revoke or suspend their right of entry permit, unless it would be harsh or unreasonable to do so. Generally, FWBC will make submissions to the FWC about a union officials’ right of entry permit after obtaining civil penalties against the official.

Table 2.22 shows the number of submissions and applications made over the period. In 2014 to 15 FWBC made 12 submissions to the FWC relating to the permit applications of 15 individuals.

In 2014 to 15, FWBC made 14 applications to the FWC to revoke, suspend or restrict the right of entry permits for 12 individuals. Applications were made by FWBC on two occasions each for two individuals.

Table 2.23 shows the state by state breakdown of submissions made on permit applications.

Table 2.24 lists the FWC permit applications and permit submissions commenced in 2014 to 15, outlined by state, venue and category.

Table 2.22 Submissions and applications in 2014 to 15
Category 2012 - 13 2013 - 14 2014 - 15
Submissions on permit application 0 8 12
Applications for revocation of permit 0 0 14
Total 0 8 26

Some single submissions related to multiple union officials. All individuals are listed in Table 2.23

Table 2.23 Permit applications in 2014 to 15
State 2013 - 14 2014 - 15
NSW 0 2
VIC 8 4
QLD 0 6
WA 0 0
SA 0 0
TAS 0 0
ACT 0 0
NT 0 0
Total 8 12
Table 2.24 Applications and submissions commenced in 2014 to 15
State Matter name Venue Category
SA Permit Application – Aaron Cartledge FWC s.510 FW Act
SA Permit Application – Anthony Sloane FWC s.510 FW Act
SA Permit Application – Anthony Vitler FWC s.510 FW Act
SA Permit Application – Brendan Pitt FWC s.510 FW Act
SA Permit Application – David Bolton FWC s.510 FW Act
SA Permit Application – David Bolton FWC s.510 FW Act
SA Permit Application – Jim O’Connor FWC s.510 FW Act
SA Permit Application – John Perkovic FWC s.510 FW Act
SA Permit Application – Luke Stephenson FWC s.510 FW Act
SA Permit Application – Luke Stephenson FWC s.510 FW Act
SA Permit Application – Michael McDermott FWC s.510 FW Act
WA Permit Application – Phil Kennedy FWC s.510 FW Act
SA Permit Application – Troy Smart FWC s.510 FW Act
NSW Permit Application – Luke Collier FWC s.510 FW Act
VIC Permit Submission – Peter Mooney FWC s.512 FW Act
NSW Permit Submission – Darren Taylor FWC s.512 FW Act
QLD Permit Submission – Michael Ravbar FWC s.512 FW Act
NSW Permit Submission – Brendan Pitt FWC s.512 FW Act
QLD Permit Submission – Michael Myles FWC s.512 FW Act
VIC Permit Submission – Tony Mavromatis FWC s.512 FW Act
QLD Permit Submission – Kevin Griffin FWC s.512 FW Act
VIC Permit Submission – John Ayres FWC s.512 FW Act
VIC Permit Submission – Theo Theodorou FWC s.512 FW Act
VIC Permit Submission – John Duggan FWC s.512 FW Act
VIC Permit Submission – Ian Markham FWC s.512 FW Act
VIC Permit Submission – Colin Flanagan FWC s.512 FW Act
QLD Permit Submission – Scott Vink FWC s.512 FW Act
QLD Permit Submission – Peter Ong FWC s.512 FW Act
QLD Permit Submission – Mark Bateman FWC s.512 FW Act