[2025] FWC 1177
Citation: [2025] FWC 1177
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) applied for entry permits for Joshua Thompson and Dylan Howard, who are employed as an organiser and Civil and Regional Construction Co-Ordinator respectively. Thompson and Howard are respondents in ongoing Federal Court proceedings (Matter No. QUD245/2024) related to alleged breaches of workplace laws. BMD Constructions Pty Ltd is the applicant in the Federal Court proceedings. The Fair Work Ombudsman raised concerns about Howard’s conduct, referencing video footage alleging ‘shirtfronting’ and threatening language. The CFMEU Administrator refuted these claims. The Ombudsman subsequently resolved their concerns and did not participate in the hearing.
What was decided
The Fair Work Commission (FWC) issued entry permits to Joshua Thompson and Dylan Howard. The FWC considered the ‘permit qualification matters’ outlined in the Fair Work Act 2009. While acknowledging the ongoing Federal Court proceedings, the FWC found Thompson and Howard had received appropriate training and that other relevant matters did not preclude them from holding permits. The FWC noted the Ombudsman’s resolution of concerns regarding Howard’s conduct and proceeded based on this.
What it means for employers
Employers should be aware that allegations of misconduct against union officials are considered when assessing their suitability for entry permits. While the FWC ultimately found the individuals fit and proper, the proceedings were a relevant factor. Employers involved in disputes with unions should document any incidents and share relevant information with the Fair Work Ombudsman.
What it means for employees
Employees should be aware that their conduct, both inside and outside of work, can be considered when determining their suitability to hold union official positions. Union officials should be mindful of their behaviour and ensure it aligns with the responsibilities of a permit holder.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1177.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →