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Entry permits
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Changes to applications for an entry permit
The Fair Work Amendment (Modernising Right of Entry) Regulations 2019 take effect on 1 July 2019. The Fair Work Commission is changing its processes to enable this.
As a result of the change, no applications for entry permits will be accepted under the existing system from Wednesday, 26 June 2019.
Applications under the new system can begin from Monday, 1 July 2019.
To meet the new requirements, from 1 July 2019 the Fair Work Commission will be issuing permits in a different form. The new permits will be the size of your driver's licence and include a photo and the signature of the permit holder.
Existing entry permits will continue to be valid until they expire (unless they are revoked or suspended).
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What is right of entry?
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.
Find out more
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.
Updated time
Last updated
22 August 2019
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