You can apply to the Commission to help with a dispute about right of entry.
Apply for help with a dispute
You can ask us to resolve a dispute about right of entry if you are:
- the permit holder
- the union
- the employer
- the occupier of the premises
- Comcare (WHS entry permits only)
You can apply for help with a dispute about:
- right of entry under the Fair Work Act 2009 (use Form F12)
- WHS right of entry under the Work Health and Safety Act 2011 (use Form F1)
The Commission can also deal with a dispute on its own initiative.
Examples of disputes
Often, the dispute is about whether a request from one side or the other is reasonable. For example:
- The occupier asks the permit holder to follow a safety requirement that applies to the premises. The permit holder refuses.
- The permit holder thinks a request to take a particular route to a room for discussions is 'not reasonable'.
- The occupier believes a permit holder enters the premises for discussions too often.
- In a remote area, the occupier believes it would be an unacceptable inconvenience to provide transport for the permit holder.
Examples of outcomes
The Commission may make an order that:
- puts conditions on, suspends or revokes a Fair Work or WHS entry permit
- puts conditions on some or all of the entry permits associated with the union
- bans, for a time, the issue of permits to the union generally or particular people.
We may also make orders about whether a request is reasonable for the permit holder to:
- comply with an OHS requirement
- take a particular route to the location where they will meet with employees.
If we decide a request from one side is reasonable under the law, the other party must comply.
The Commission can make any other order it considers appropriate.