The form requires the Committee of Management member making the application to describe the inquiries made and action taken by the Committee of Management member which has enabled the Committee of Management member to be satisfied that the proposed permit holder meets the permit qualification matters listed in s.513(1)(b) to (f) of the Fair Work Act 2009 (the Act).
Committee of Management members making entry permit applications must be satisfied to the best of their knowledge and belief that the proposed permit holder is a fit and proper person to hold an entry permit and meets the permit qualification matters listed in s.513 of the Act.
The Committee of Management member making the application as a minimum must directly communicate with the proposed permit holder about each of the permit qualification matters set out in s.513 of the Act.
The Committee of Management member might also consider taking the following steps to satisfy themselves the proposed permit holder is a fit and proper person:
review the proposed permit holder’s previous permit/s for conditions
review the proposed permit holder’s previous permit applications
check the union’s internal records
conduct a search of the proposed permit holder’s name through Federal Court judgments and orders and Fair Work Commission decisions and orders.
FAQs about the form
Would it be sufficient for the branch secretary (or other Committee of Management member) to have a staff member undertake the discussion with the proposed permit holder about the matters in s.513?
No. The Commission considers it mandatory for the Committee of Management member to communicate directly with the proposed permit holder, rather than delegating this function to another employee of the union.
The Commission understands that different unions operate differently across Australia and so there will be different methods of communication such as for example, telephone, videoconference, email or fax. In any event, the Commission considers that there must be direct communication between the Committee of Management member signing the declaration and the proposed permit holder about those matters relating to s.513 of the Act dealing with the 'fit and proper person test'.
Fundamentally, the Committee of Management member (on behalf of the union) must be satisfied about the requirements of the fit and proper person test relevant to the proposed permit holder before they sign the declaration.
In the discussion with the proposed permit holder, is it enough to check they have made an accurate declaration or does the Committee of Management member need to discuss the details of the matters in s.513?
The Commission considers that the Committee of Management member must make enquiries as to the specifics of the matters in s.513. The Commission does not consider it sufficient to simply confirm that the proposed permit holder has made a true declaration, but rather that the Committee of Management member make enquiries in addition to the proposed permit holder’s signed declaration.
Is the branch secretary (or other Committee of Management member) able to delegate checking the data bases and conducting searches of decisions concerning the proposed permit holder to a staff member?
The Committee of Management member may delegate the conducting of database searches to a staff member. However in order to be satisfied of the results of those searches the officer must make sure they personally review a report concerning the results of those searches and any relevant decisions.
Does the Committee of Management member have to sign their declaration prior to the proposed permit holder?
There is no requirement for a Committee of Management member to sign their declaration prior, subsequently or simultaneously with the proposed permit holder’s declaration. However, both declarations must be completed correctly and signed prior to lodgment.
Can the Committee of Management member rely upon the proposed permit holder signing their declaration as an aid to the member being satisfied that the proposed permit holder is a fit and proper person?
While there are penalties for making a false or misleading declaration, the Commission considers it mandatory that the Committee of Management member make enquiries in addition to the proposed permit holder signing their declaration.
Is there somewhere on the Commission website that details conditions imposed on a permit holder?
Any conditions imposed on a permit holder must be recorded on the actual permit, so anyone viewing the permit will be aware of them.
Additionally when a permit is issued with conditions, these conditions will generally appear in the decision that issued the permit. Permit decisions can be found in the Commission's decisions database .
What to include with the application
The application should include:
the application form, properly completed
a declaration made by a member of the Committee of Management
a declaration made by the proposed permit holder
evidence to establish that the proposed permit holder is a fit and proper person to hold a permit,
evidence of training (as a general rule, completed during the 3 months prior to making the application)
any submissions necessary to support the claim that the proposed permit holder is a fit and proper person to hold a permit
the previous permit, or if lodged electronically a scanned colour copy of the previous permit (original to follow in the mail or by hand). Note: if the previous permit is still valid, the permit holder may wish to retain it until the application for the new permit has been assessed
any statutory declarations regarding lost, stolen or late returned permits
any submissions regarding why further action should not be taken for late return of permits and what measures the organisation has taken to prevent future re-occurrences
any submissions regarding what measures the organisation is taking to avoid future loss of permits.
Fit and proper person
A proposed permit holder must be considered a 'fit and proper person' before an entry permit can be issued.
Committee of Management members making entry permit applications must be satisfied to the best of their knowledge and belief that the proposed permit holder is a fit and proper person to hold an entry permit and meets the permit qualification matters listed in section 513 of the FW Act. As a minimum the Committee of Management member must directly communicate with the proposed permit holder about each of the permit qualification matters set out in s.513 of the FW Act.
The Committee of Management member might also consider taking the following steps to satisfy themselves the proposed permit holder is a fit and proper person :
review the proposed permit holder’s previous permit/s for conditions
review the proposed permit holder’s previous permit applications
check the union’s internal records
conduct a search of the proposed permit holder’s name through Federal Court judgments and orders and Fair Work Commission decisions and orders.
For more information about what is considered by the Delegate when deciding if a proposed permit holder is a 'fit and proper person' to hold a permit, please go to Who can hold an entry permit? .
Evidence of appropriate training
Evidence of completion of appropriate training must be submitted with the application. For more information, please go to Right of entry training .
Disclosing previous convictions, penalties, revocations/suspensions of permits or conditions imposed on permits and other relevant matters
The facts in relation to previous convictions, penalties, revocation/suspensions of permits or conditions imposed on permits and other relevant matters must be disclosed in both of the declarations that are part of the application for a Fair Work entry permit.
For more information about disclosing previous convictions go to Who can hold an entry permit? .
Return of previous permits
A permit will not be issued until all previous permits have been returned. For more information about return of pervious permits go to Expiry & return of entry permits .
Late return of previous permits
If you have returned your entry permit late, the permit holder must provide a statutory declaration which explains in detail:
why you returned it late
whether you have attempted to enter premises after the permit expired, and
whether you understand that it is your responsibility to return your permit on expiry.
The statutory declaration should be made as soon as you realise that the permit has not been returned on time.
The organisation may also be required to lodge a submission about why the Commission should not refer the matter for investigation and possible litigation and what steps have been taken to prevent similar re-occurrences.
For more information about late return of permits go to Expiry & return of entry permits .
Lost or stolen permits
If your entry permit has been lost or stolen, you must provide the Commission with a statutory declaration outling the circumstances in which the permit was lost or stolen, what attempts have been made to locate the permit, and whether you have attempted to exercise a right of entry in the absence of a valid permit.
The organisation may also be required to lodge a submission about what measures are being taken to avoid future occurrences of loss of permits by its officials.
For more information about lost or stolen permits go to Expiry & return of entry permits .
How to use the declaration templates
All parts of the declaration templates must be completed.
The declaration templates should be used as the starting point for your declarations, and be changed to include the details particular to your application.
If any of the parts of the template are incorrect (eg if a proposed permit holder has been convicted of an offence against an industrial law), the details must be changed to reflect the circumstances.
Signing the Committee of Management declaration
Any member of the Committee of Management can sign the declaration, except the proposed permit holder.
Signing the application
The application must be signed by an office holder authorised by the rules of the union.
You will need to check your organisation's rules to see who is an authorised office holder. If the authorised office holder is on leave and someone is acting in their absence, you will need to check your organisation's rules to find out whether the person who is acting can sign the application.
Notes
Make sure you:
specify the office or employment position of the proposed permit holder on the application form, and
specify the correct name of the proposed permit holder (eg Robert not Rob).
Make sure the member of the Committee of Management:
describes the enquiries made and action taken to be satisfied that the proposed permit holder meets the permit qualification matters
If the permit, once granted, is to be sent to a specific address, please highlight this in the covering email or letter.
Previous and expired permits must be returned to the Fair Work Commission. If your previous permit has not yet expired, your application can be lodged electronically before returning the original permit, however a scanned colour copy of the current permit must be included with the application. Commission staff will then contact you when the application has been processed to arrange for the return of the original permit.
A new Fair Work entry permit will not be issued if a previous permit has not been returned. For more information on returning your permit please go to Expiry and return of permits .
