1 Fair Work Act 2009 s.603 - Varying FWC decisions to issue right of entry permits Timber Furnishing and Textiles Union (302v) (RE2026/108 and others listed in Annexure A) VICE PRESIDENT GIBIAN SYDNEY, 17 APRIL 2026 Decision to vary FWC decisions – Variation to right of entry permits following withdrawal from amalgamated organisation – Manufacturing Division – Construction, Forestry, Maritime, and Energy Union – Timber Furnishing and Textile Union [1] On 23 January 2025, a Full Bench of the Fair Work Commission (Commission) approved an application by Michael O’Connor under s 94 of the Fair Work (Registered Organisations) Act 2009 (Cth) (the RO Act) for a secret ballot to be held to decide whether the Manufacturing Division (the Division) of the Construction, Forestry, Maritime and Energy Union (the CFMEU) should withdraw from the CFMEU: Application by Michael O’Connor [2025] FWCFB 14. [2] A secret ballot of the Division members was conducted by the Australian Electoral Commission (the AEC), which commenced on 24 February 2025 and concluded on 14 April 2025. The ballot, which approved the withdrawal of the Division from the CFMEU, was declared by the AEC on 16 April 2025. Subsequently, Federal Court proceedings were commenced by Mr O’Connor in relation to a range of matters relevant to the separation of the Division from the CFMEU, including but not limited to the division of assets and the date on which the withdrawal would take effect. [3] By consent order dated 7 April 2026, the Federal Court, acting pursuant to s 109(1)(a) of the RO Act, fixed 17 April 2026 as the date that the withdrawal of the Division from the CFMEU was to take effect: Order made in matter number VID1464/2025 by Justice Collier dated 7 April 2026. Accordingly, on and from 17 April 2026, the Division withdraws from the CFMEU and becomes a registered organisation known as the Timber Furnishing and Textile Union (TFTU). [4] Thirty-two (32) of the officials and employees of the Division of the CFMEU hold entry permits issued under s 512 of the Fair Work Act 2009 (the FW Act) and are listed at Annexure A of this decision. On and from 17 April 2026, those officials and employees become officials and employees of the TFTU. [5] By operation of s 115 of the RO Act, the entry permits they each hold are ‘an instrument to which’ Part 3 applies. Section 93 of the RO Act provides that an ‘instrument to which this part applies’ relevantly includes an instrument that was given to or in favour of the amalgamated organisation, the CFMEU. As the applicant for each entry permit issued to the 32 officials and [2026] FWC 1335 DECISION [2026] FWC 1135 2 employees under s 512 of the FW Act, I consider that each permit was issued in favour of the CFMEU even though the permit is issued to, and held by, the relevant official or employee. The permits are likely also to be ‘an instrument to which’ Part 3 applies because they each contain a reference to the amalgamated organisation, the CFMEU. The effect of s 115 of the RO Act is that on and from 17 April 2026, the entry permits held by the 32 individuals continue to have full force and effect as though a reference to the CFMEU in the entry permits were a reference to the TFTU. [6] Nonetheless, to avoid any confusion about the continuing rights of the 32 individual permit holders to exercise entry rights and to be bound by the attendant obligations, I propose to vary each decision granting permits to the 32 individual permit holders pursuant to s 603(2)(a) of the FW Act. The variation will reflect the name of the registered organisation of which from 17 April 2026, the persons are officials or employees. This is a course supported by the TFTU, as indicated in its letter to the Commission dated 10 April 2026, and the 32 individual permit holders. [7] The approach I proposed to adopt is consistent with the decision of Deputy President Gostencnik (as His Honour then was) in relation to permit holders who had been officials of the CFMEU but who as a consequence of the withdrawal of the Mining and Energy Division from the CFMEU, and the establishment of the Mining and Energy Union (MEU) as a separate registered organisation on 1 December 2023, became MEU officials: Mining and Energy Union (301V), [2023] FWC 3154 at [4]-[9]. [8] The relevant power to vary decisions of the Commission is found in s 603 of the FW Act which relevantly provides: 603 Varying and revoking the FWC’s decisions (1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)). Note: If the FWC makes a decision to make an instrument, the FWC may vary or revoke the instrument under this subsection (see subsection 598(2)). (2) The FWC may vary or revoke a decision under this section: (a) on its own initiative; or … [9] Subsection 603(1) confers a discretion to vary or revoke ‘a decision of the FWC that is made under [the FW] Act’ (other than a decision referred to in s 603(3)). Section 603(3) expressly excludes certain classes of decisions from the scope of the general power to vary or revoke in s 603(1). The term ‘decision’ is defined in s 598. [10] A decision of the Commission to issue an entry permit is a decision which falls within the scope of s 603(1), in that it is a decision made by the Commission under the FW Act that does not fall within the scope of the exclusions in s 603(3). That a decision to issue an entry [2026] FWC 1135 3 permit and a decision to impose conditions on an entry permit are each a decision within the meaning of s 598 is confirmed by s 601(5) which excludes a decision to issue an entry permit under s 512 and a decision to impose conditions on an entry permit under s 515 from the obligation in subsection 601(4) requiring the Commission to publish on its website or by any other means certain decisions. Therefore, each of the 32 decisions the subject of this decision is capable of being amended. [11] In the circumstances, I consider it appropriate to vary the decisions to issue entry permits referenced in the third column of Annexure A made on application by the union to the permit holders listed in the second column of Annexure A to reflect that those permit holders are now officials or employees of the TFTU. Two of the permit holders listed in Annexure A of this decision currently have a condition (the TCF condition) to the following effect imposed upon their permit under section 515 of the FW Act: [permit holder’s name] must not exercise rights under Subdivision AA of Division 2 of Part 3-4 of the Act until he has completed appropriate training in relation to that subdivision and he has filed a copy of the training completion certificate in the Fair Work Commission. [Note: Subdivision AA relates to TCF award workers]. [12] This condition remains directly relevant since the TFTU’s eligibility rules are such that it will be the union covering TCF workers. I will vary the decisions noted with the word ‘Yes’ in the fifth column of Annexure A as imposing a TCF condition on that permit until the permit holder completes the relevant training and files a copy of the training completion certificate in the Commission. [13] The Commission makes the following order: 1. Each decision to issue an entry permit referenced in the third column of Annexure A to an official or employee of the Construction, Forestry, Maritime and Energy Union (the CFMEU) listed in the second column of Annexure A is amended to reflect that the individual is an official or employee of the Timber Furnishing and Textile Union (the TFTU). 2. Each entry permit referenced in the third column of Annexure A which was issued to an official or employee of the CFMEU listed in the second column of Annexure A pursuant to each decision to which order 1 applies, is amended to reflect that the individual is an official or employee of the TFTU. 3. Each decision in relation to the issuing of an entry permit, which has the word ‘Yes’ appearing in the fifth column of Annexure A of this decision, as imposing a TCF condition on a permit held by a CFMEU official or employee listed in the second column of Annexure A is amended to reflect that the TCF condition is now imposed on the individual as an official of the TFTU. 4. Each entry permit noted in the fifth column of Annexure A as containing a TCF condition on a permit held by a CFMEU official or employee listed in the second column of Annexure A is amended to include the TCF condition on that official’s permit as a TFTU official. [2026] FWC 1135 4 5. An entry permit amended in accordance with order 2 and order 4 (where applicable) be issued to each permit holder listed in the second column of Annexure A. [14] The Order will take effect on 17 April 2026. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR798743> [2026] FWC 1135 5 Annexure A # Permit holder name Permit number Expiry date TCF condition 1 Oskar Anthony Felix Loofs RE2026/108 13/02/2029 No 2 Ian Thomas RE2025/1085 4/11/2028 No 3 Nguyet Thi Nguyen RE2025/1082 28/10/2028 No 4 Luke James Hayden RE2025/1070 24/10/2028 No 5 Travis William Lawson RE2025/1001 7/10/2028 No 6 Denise Michelle Campbell- Burns RE2025/1000 7/10/2028 No 7 Madison Montague Prowd RE2025/855 2/09/2028 No 8 Anna Hong Dinh RE2025/753 28/08/2028 No 9 Leonidas Skourdoumbis RE2025/650 10/07/2028 Yes 10 Paris Nathaniel Nicholls RE2025/603 08/07/2028 No 11 Donna Louise Jordan RE2025/599 8/07/2028 No 12 Thi Thuy Hang Tran RE2025/426 29/05/2028 No 13 Jennifer Kay Kruschel RE2025/341 1/05/2028 No 14 Tu Quang Dao RE2025/230 1/04/2028 No 15 Anthony John Pavey RE2025/195 1/04/2028 Yes 16 Alison May Rudman RE2024/1167 21/11/2027 No 17 Chia-Shuo Alexander Yang RE2024/1098 29/10/2027 No 18 Thi Truc Ly Nguyen RE2024/818 15/08/2027 No 19 Sok Chann RE2024/656 4/07/2027 No 20 Darren James Connelly RE2024/360 7/05/2027 No 21 Ghet Ky RE2024/330 19/04/2027 No 22 David John Kirner RE2024/294 12/04/2027 No 23 Elizabeth Mary Macpherson RE2024/293 29/04/2027 No 24 Ngan Thi Ly RE2024/231 5/04/2027 No 25 Thi Ai Lien Nguyen RE2024/229 9/04/2027 No 26 Han Thi Ngoc Le RE2024/228 22/03/2027 No 27 Fiona-Lee Peck RE2024/227 19/03/2027 No 28 Clarrie Bentley Lock RE2023/1153 12/01/2027 No 29 Daniel John Murphy RE2023/1095 07/12/2026 No 30 Bradley John Coates RE2023/1094 07/12/2026 No 31 Sharon Lynn Musson RE2025/1234 05/12/2028 No 32 Prescilla Kalameli Schwalger RE2025/1248 16/12/2028 No