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.

A new Fair Work entry permit will not be issued if a previous permit has not been returned.

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.

A new or further WHS entry permit will not be issued if a previous WHS entry permit or a previous Fair Work Permit has not been returned.

Expiry of permits – transitionally recognised associations

Transitionally recognised associations (TRAs) are able to apply for and use permits. Transitional recognition will cease on 1 January 2017.

After 1 January 2017 all rights arising from the transitional recognition will cease. For a union this means that all Fair Work entry permits and WHS entry permits issued to officials of the TRA will expire and need to be returned to the Fair Work Commission.

Affected Fair Work entry permits must be returned within 7 days and affected WHS entry permits must be returned within 14 days.

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 (the FW 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 either by post or by hand 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 hand or by post.

Late return of entry permits

If you have returned your entry permit late, you must provide a statutory declaration which explains in detail:

• why you returned it late
• whether you have attempted to use it 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 lodged 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.

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 if a scanned colour copy of the previous permit is included with the application.

When the examination of the application has been completed, but before the issue of a new entry permit, Commission staff will contact you to arrange for the return of the original permit. The original permit must be returned in hardcopy.

If there are urgent circumstances, you need to explain the circumstances to us and we will attempt to arrange for an exchange at the counter. Note: this is only in the case of genuinely urgent circumstances.

I need a current entry permit to do my job. Why do I have to return it before I get a new entry permit?

Section 517 of the Fair Work Act 2009 requires the permit holder to return an entry permit to the Commission within 7 days of expiry. Section 149 of the Work Health and safety Act 2011 (the WHS Act) requires the permit holder to return an entry permit to the Commission within 14 days of expiry.

A permit holder is entitled to keep their permit until that time, however the Commission will not complete the processing of entry permit applications until the original entry permit, whether expired or not, has been returned to the Commission.

This is part of our strategy to work with registered organisations to achieve high levels of compliance with the requirements of the relevant Acts. Our strategies are built around regulatory assistance, encouragement and education rather than the punitive alternative provided by the civil remedy provisions, which carry significant penalties.

Note: a recent review of expired entry permits has identified in excess of 500 permits issued in the calendar years 2008, 2009 and 2010 that have not been returned to the Commission as required under the relevant Act. The Commission is aware of incidents where right of entry has been exercised using an expired entry permit (although the available evidence indicates those incidents have been inadvertent, rather than deliberate breaches of the relevant Act).

Lost or stolen entry permits

What to do if your entry permit is lost or stolen

If your entry permit has been lost or stolen, you must provide the Commission with a statutory declaration which explains in detail:

• when you realised the permit was lost or stolen
• the steps you have taken to try to locate the lost permit, and
• whether, and if so in what circumstances, you have attempted to exercise a right of entry during the period without a permit.

The declaration should be made as soon as you have realised that it is lost or stolen.

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.