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.

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