[2025] FWC 1486
Citation: [2025] FWC 1486
What happened
The Construction, Forestry, and Maritime Employees Union (CFMEU) sought a right of entry permit for its official, Nathan Fisher. Mr. Fisher was convicted in 2014 of armed robbery while struggling with drug addiction. He served prison time, underwent rehabilitation, and has since worked in construction and for the CFMEU. He has previously held an entry permit under Western Australian law. He has also faced minor convictions for breaching police orders and other offenses. The CFMEU's administrator, Mark Irving KC, supported the application despite Mr. Fisher's past offenses.
What was decided
The Fair Work Commission Deputy President Colman issued a right of entry permit to Nathan Fisher. While acknowledging the seriousness of Mr. Fisher’s past criminal convictions, the Deputy President found he had demonstrated significant rehabilitation and a commitment to being a law-abiding citizen. The decision considered factors like Mr. Fisher's training, his work history, and the support from the CFMEU. The Deputy President stated Mr. Fisher is a 'different man' from when he committed the offenses and is a fit and proper person to hold a permit.
What it means for employers
Employers should be aware that the Fair Work Commission can consider rehabilitation and changed circumstances when assessing an individual's suitability for a union official role, even with a criminal record. This highlights the importance of assessing individuals based on their current conduct and potential for future contributions.
What it means for employees
Employees should be aware that union officials can obtain right of entry permits, even with a history of criminal offenses, if they demonstrate rehabilitation and a commitment to responsible conduct. This decision underscores the Commission's focus on individual circumstances and potential for positive change.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1486.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 →