Fair Work Commission

Expiry of Fair Work entry permits

Fair Work entry permits are valid for 3 years from the date of issue. Each entry permit expires on the earliest of:

• the third anniversary of its date of issue
• when the permit holder ceases to be an official of the union that applied for the permit, or
• when it is suspended or revoked.

A Fair Work entry permit must be returned to the Fair Work Commission by the permit holder within 7 days of expiry. Substantial penalties apply for failing to return a permit.

Expiry of WHS entry permits

WHS entry permits are valid for 3 years from the date of issue. Each entry permit expires on the earliest of:

• at the end of 3 years from the date of issue
• at the end of the term of the Fair Work entry permit that is held by the WHS permit holder
• when the permit holder ceases to be an official of the union that applied for the WHS entry permit, or
• if the union that applied for the WHS entry permit ceases to be registered under the Fair Work (Registered Organisations) Act 2009.

A WHS entry permit must be returned to the Commission by the permit holder within 14 days of expiry. Substantial penalties apply for failing to return a permit.

Returning an entry permit

When to return your entry permit

The permit holder must return the original Fair Work permit to the Commission:

• within 7 days of expiry or suspension
• within 7 days of ceasing to be an official of the union
• within 7 days of conditions being imposed on the permit.

The permit holder must return the original WHS permit to the Commission:

• within 14 days of expiry or suspension
• within 14 days of ceasing to be an official of the union.

The union must advise the Commission if:

• the WHS permit holder resigns from or otherwise leaves the union
• the WHS permit holder has had a permit cancelled or suspended, that was granted under a corresponding WHS law, the Fair Work Act 2009, or state or territory law
• the union ceases to be registered under the Fair Work (Registered Organisations) Act 2009

Returning a previous entry permit

Under current legislation, the original entry permit must be returned to the Commission. The entry permit is a hardcopy document and therefore must be returned to any Commission office. You are encouraged to return your permit by post, rather than in person.

Can an application be processed before the current (unexpired) permit is returned, so that issue of the new permit can happen simultaneously?

To reduce the amount of time a union official is without an entry permit, an application for a new permit can be made prior to the return of the previous permit.

There is no obligation to return a current permit prior to receiving a new permit.

Extension of current Fair Work entry permits

Some organisations have enquired whether permits currently held by officials can be extended where they are having difficulties finalising a new application.

Where an application has been made for a new entry permit, the Commission has discretion to extend the official’s current permit under section 516(2) of the Fair Work Act 2009. This is a matter to be determined by the individual Commission Member or Delegate.

Lost or stolen entry permits

What to do if your entry permit is lost or stolen

You should contact the Fair Work Commission as soon as you have realised that your permit is lost or stolen.