A union applies for a Fair Work entry permit on behalf of a proposed permit holder. A member of the union's committee of management and the permit holder must sign declarations.
On this page:
When the union applies for the permit, it should use Form F42 – Application for an entry permit.
Form F42 has 3 parts:
- the entry permit application
- a declaration from a committee of management member
- a declaration from the permit holder.
1. The entry permit application
The person who fills out the application needs to give us:
- the permit holder's legal name and job title (or their office if they are an elected officer)
- the address they want the permit posted to
- the previous permit number (if applicable)
- details of whether the previous permit has been returned to the Commission
- a statutory declaration if the permit holder lost the previous permit or returned it late
- the name of the committee of management member making the application
- their own name as the contact for the application.
Apply about 4 weeks before the current permit expires. If a permit is lost or stolen, contact us.
2. Declaration from a committee of management member
A committee of management member at the union must make a declaration about the permit holder. They must:
- assess whether the permit holder is a fit and proper person to hold an entry permit
- see evidence the permit holder has completed right of entry training.
The committee of management member should make 'proper inquiries' to understand if the permit holder is a fit and proper person, such as:
- discuss with them the matters in section 513 of the Fair Work Act
- review their previous permit/s for conditions
- review their previous permit applications
- check the union’s internal records
- search for their name in Federal Court judgments and orders and our decisions and orders.
After that, if they believe ‘to the best of their knowledge’ that the permit holder is a fit and proper person, they can sign the declaration.
They must disclose any relevant matters in the declaration.
3. Declaration from the permit holder
The permit holder must also make a declaration.
In this declaration, the permit holder needs to give:
- their legal name
- their job title (or office)
- the name and address of their union
- their signature.
They must declare they have completed right of entry training.
They must also disclose on the form any matters relevant to section 513 of the Fair Work Act.
To access the application or to lodge it online, see Form F42 – Application for an entry permit.