Fair Work Commission

What is right of entry?

fwc_entry_permits_s_01.jpg

The Fair Work Act 2009  (the FW Act) and the Work Health and Safety Act 2011 (Cth) (the WHS Act) enable union officials to enter workplaces for specified purposes. To exercise this right of entry the union official must:

• hold a valid and current entry permit, and
• be entitled to represent workers at the workplace.

Right of entry under the Fair Work Act 2009

A union official (including an employee of a union) has the right to enter premises if they hold a valid and current entry permit issued by the Fair Work Commission under s.512 of the FW Act (a Fair Work entry permit).

The Fair Work entry permit allows the official to enter premises for the purpose of:

• investigating suspected breaches of the FW Act and other instruments
• investigating breaches relating to textile, clothing and footwear industry outworkers
• meeting with employees, and
• exercising rights under occupational health and safety laws.

Right of entry under the Work Health and Safety Act 2011 (Cth)

A union official (including an employee of a union) has the right to enter premises for the purpose of exercising rights under the Work Health and Safety Act 2011 (Cth) if they hold:

• a valid and current entry permit issued by the Commission (a Fair Work entry permit), and
• a valid and current Work Health & Safety permit issued by the Commission (a WHS entry permit).

The WHS entry permit allows the official to enter premises for the purpose of:

• inquiring into suspected contraventions of the WHS Act
• inspecting documents directly relevant to a suspected contravention, and
• consulting and advising workers.

To apply for a WHS permit in the following jurisdictions, the appropriate authorities are:

• Commonwealth – Fair Work Commission
• NSW – Industrial Relations Commission
• Qld – Industrial Registrar
• ACT – Director-General
• SA – South Australian Employment Tribunal
• NT – Work Health Authority
• TAS – WorkCover Tasmania

Note: Western Australia and Victoria are not currently part of the harmonised national WHS model legislation.