Apply for a Fair Work entry permit

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Changes to applications for a Right of entry permit

The Fair Work Amendment (Modernising Right of Entry) Regulations 2019 take effect on 1 July 2019. They require new entry permits to include a photo and signature of the permit holder. The Fair Work Commission is changing its processes to enable this.

When to apply

It is a good idea to lodge an application for a new entry permit about 4 weeks before the current permit expires. This should provide sufficient time for a new permit to be issued prior to the expiry of the existing permit.

Note: a number of factors can extend turnaround times, including incomplete applications, the Fair Work Commission's workload, and consideration as to whether the proposed permit holder is a fit and proper person to hold a permit.

Completing the online form

To apply for a Fair Work entry permit, lodge a Form F42 – Application for an entry permit using the Commission's Online Lodgment Service. The application must be made by a member of the Committee of Management of a union.

The Form F42 has 3 parts:

the application
a declaration by a member of the Committee of Management
a declaration by the proposed permit holder.

You may also need to provide evidence or a statutory declaration regarding certain facts, for example:

evidence of training undertaken
a statutory declaration regarding loss of a previous permit
a statutory declaration regarding late return of a previous permit.

Download

NOTE: the declarations must be downloaded, signed, and then uploaded as 2 attachments into the Online Lodgment Service.

Following completion of the online application, the Commission will contact the Committee of Management member and ask them to complete Form F42C.

Find out more

How applications are processed

FAQs about online lodgment

How do I return the original permit?

The original permit must be returned either by post or by hand to one of our Commission offices.

Who signs the disclosure of information acknowledgment on the online form?

When completing the online form you will be required to declare that the information contained in the form is true and correct. This declaration should be completed by the person lodging the application on behalf of the organisation.

Will the declarations still need to be signed by the proposed permit holder and the member of the Committee of Management if they are lodged online?

Yes.

Applicants are still required to provide a signed declaration by the proposed permit holder and a signed declaration by a member of the Committee of Management. The declarations appear at pages 3-6 of Form F42 – Application for an entry permit. Applicants must download the declarations and have them signed and ready to upload as 2 separate documents in order to complete the online form.

Can I log into the online lodgment service so that it remembers my organisation’s details for future applications?

The online lodgment service does not allow for the registration of users. Please see FAQ below for information about the autocomplete function.

Is it possible to automatically complete sections of the form which are identical across all applications (eg applicant details, name of the member of the committee of management)?

Yes. It is possible to save time filling out Form F42 online by using a feature called autocomplete, depending on which operating system you use.

Autocomplete is a feature that may save information you have previously entered, so that every time you type the first letter in a field it will try to predict the word you want to use based on previous entries. You’ll see a drop-down list of previously entered options to choose from.

The setting may be available on your computer or tablet. To turn on this feature you will need to go to your settings. The exact steps will vary depending on your operating system on your computer or tablet. If you are having trouble turning the feature on, an internet search may help you find instructions for your operating system.

Is there a way to save my application and continue it later?

No.

There is no function to save an incomplete application to return to later. We recommend that you have all your documents in order before you start lodging your application online (ie declarations, proof of training and any other relevant documentation). For your security, the system will log you out if there has been no activity for 20 minutes.

How do I know if my application has been received?

You will receive an automated email confirming that your application has been successfully lodged.

If you haven’t received an email or if you’re worried about any of the steps in the online process, you can call the Fair Work Commission on 1300 799 675 and our staff will check if your application has been received.

Can I still lodge an application for an entry permit by post or email?

Yes. Although it is preferable that an application for an entry permit is made using the Online Lodgment Service as this will make issuing the permit faster.

Requirements for an application

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).

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?

On the Form F42 application 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.

On Form F42C, the proposed permit holder is required to sign the form first so that the Committee of Management member can honestly declare that they have seen the proposed permit holder's signature on the Form F42C, and that it matches the signature on examples provided by the proposed permit holder.

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.

Lodging an application

Your application should be lodged using the Online Lodgment Service on the Commission’s website.

The original permit must be returned either by post or by hand to the Commission.

When you submit the application through the Online Lodgment Service, you do not need to also forward the application by mail; electronic lodgment is sufficient.

Processing of applications

How applications are processed

From 1 July 2019, requirements under the Fair Work Amendment (Modernising Right of Entry) Regulations 2019 mean there is a new process for entry permit applications.

Step 1: Lodge an application

Parties will lodge an entry permit application using Form F42. This should be done using the Online Lodgment Service on the Commission's website.

Find out more

Step 2: On request, complete Form F42C

The Commission will contact the Committee of Management member who was the signatory on the initial application (on Form F42) by email.

They will be asked to complete Form F42C – Application for an entry permit – photo and signature with the proposed permit holder.

Form 42C requires the proposed permit holder to sign the form and provide a recent photograph meeting the standards of the Fair Work Commission.

The Committee of Management Member will then need to verify that the photograph is of the proposed permit holder and that the signature is genuine.

Photograph standards for entry permits from 1 July 2019

The photograph must be less than 12 months old.
The photograph must:
- show you facing the camera with your head straight, not tilted
- show only your head and shoulders
- show you with your eyes open and a neutral expression on your face
- show you in front of a plain, light-coloured background
- be in colour and in sharp focus, and
- be well lit with no shadows and with strong contrast between your face and the background.
In the photograph you may:
- wear glasses if you normally wear them
- wear apparel covering your hair if you do so for religious or medical reasons.
If the photo is hardcopy it must:
- show your face measuring 32-36mm from bottom of chin to top of head
- be 45-50mm high
- be 35-40mm wide, and
- be printed on high-quality photo paper, at high resolution.
If the photo is in a digital format it must:
- be in jpg or jpeg format
- be a minimum of 406 x 521 pixels, and
- be less than 5MB in size.

Step 3: Lodge Form F42C

The Committee of Management member lodges the Form F42C and the photograph.

This can be done by email (or by hardcopy at any of our Commission offices).

Step 4: Obtain digital iD

The proposed permit holder obtains a Digital iD.

Australia Post provides the Digital iD Service. For information on how Australia Post collects, uses and discloses personal information in supplying the Digital iD Service, see the Digital iD Terms of Use and the Digital iD Privacy Notice, or contact Australia Post directly.

Step 5: Verification of identity

The proposed permit holder will be invited to conduct a Skype call with Commission staff. This call will be recorded.

The Digital iD will be used by Commission staff to verify the identity of the proposed permit holder.

Following verification, the Commission will complete its assessment of whether the proposed permit holder is a fit and proper person.

Step 6: Entry permit issued

If approved, the entry permit card is issued and posted to the registered address of the organisation who made the application.

Turnaround time for processing applications

A number of factors influence the time taken to process and consider whether to issue a permit, including:

the adequacy of the application and supporting materials
the workload of the Commission at the time the application is made
consideration of the fit and proper person test.

The expected turnaround time is about 4 weeks, but this may change depending on the circumstances.

How to get your entry permit faster

A good start to ensuring a faster turnaround time is to:

make sure all the paperwork is in order
make sure both declarations are accurate and complete
make sure that proper inquiries have been made concerning whether the permit qualification matters have been satisfied and that these inquiries have been described in the declaration by the member of the Committee of Management
provide appropriate evidence to support the claim that the proposed permit holder is a fit and proper person
ensure that the proposed permit holder’s training is current (as a general rule, occurring within 3 months of the application being made)
ensure that the previous permit is returned within 7 days of expiry
if the previous permit is returned late, make sure a statutory declaration is provided
if the previous permit is lost or stolen, make sure a statutory declaration is provided.

Updated time

Last updated

02 July 2019

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