Fair Work Commission

COVID-19 & return of entry permits

The current coronavirus (COVID-19) situation affects how entry permits are returned to the Fair Work Commission. The following information explains how the process has changed and what officials of registered organisations can do if difficulties arise.

Permits must be returned by post

As the Commission’s counters are currently closed, it is not possible to return a permit in person at our offices. Instead, permits should be posted to any Commission office. Please note that it may take longer for the Commission to process permits returned by post at this time.

Permit swaps

There is no obligation to return a current permit prior to receiving a new permit. Accordingly, permit applications will be processed and new permits issued and sent to organisations without the permit holder having returned their current permit. 

The Commission will, after the COVID-19 pandemic has passed, once again be available to assist organisations and permit holders by conducting permit swaps on a voluntary basis to assist permit holders in complying with their legislative obligations.  

Legislative requirement to return an entry permit

It is a requirement under section 517(1) of the Fair Work Act 2009 that a Fair Work entry permit holder return their permit within 7 days of it expiring.

Section 149(1) of the Work Health and Safety Act 2011 requires that a WHS entry permit holder return their permit within 14 days of it expiring.

Permit holders are expected to comply with the legislation. However, it may take the Commission longer to process returned permits during this period and, in some circumstances, social distancing requirements might prevent a permit holder from returning their permit. As such, it will assist if permit holders send an email to the Commission’s Registered Organisations Section (ros@fwc.gov.au) when their permit is due for return, confirming that:

1. they are aware that their permit will expire or has expired
2. they are not using an expired permit, and
3. they are returning the permit by post OR they are currently unable to return the permit because of social distancing requirements, but will return it at the first available opportunity.

The Commission will note this information on the permit holder’s file.

Although the Commission is not responsible for enforcing provisions requiring entry permits to be returned, in deciding whether to issue a permit the Commission may consider the relevant official’s history of returning permits. In this context, it is open to the Commission to take into account evidence of the steps the official has taken to return their permit during the COVID-19 pandemic.

Extension of current Fair Work entry permits

Some organisations have enquired whether permits currently held by officials can be extended given the current circumstances. 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 FW Act. This is a matter to be determined by the individual Commission Member or Delegate.

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, or state or territory law
• the union ceases to be registered under the Fair Work (Registered Organisations) Act 2009

Returning a previous entry permit

The original entry permit is a hardcopy document and therefore must be returned by post to any Commission office.

Under current legislation, the original entry permit must be returned to the Commission. Electronic 'return' would mean that the original permit remains with the permit holder. The hardcopy permit must therefore be returned by post.

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.

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.