About right of entry
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What is right of entry?
A union official (which may include an employee of the union) has the right to enter premises if they hold a valid and current right of entry permit issued by Fair Work Australia.
The permit allows the official to:
- investigate suspected breaches of the Fair Work Act 2009 and other instruments
- investigate breaches relating to textile, clothing and footwear industry outworkers
- meet with employees
- exercise rights under occupational health and safety laws.
Certain rights and obligations exist in relation to the exercise of a right of entry.
Written notice (an entry notice) may be required to be given before entering a workplace and should be provided no less than 24 hours and no more than 14 days before the proposed visit. An exemption may be given by Fair Work Australia under certain circumstances.
A visit to a workplace must take place during working hours.
Penalties may apply for refusing, delaying or obstructing entry as well as for other breaches of the legislation.
How to apply for an entry permit
To apply for a permit use Form F42—Application for an entry permit. The application must be made by a member of a committee of management of a union.
A permit can only be issued to a person who is a 'fit and proper person'.
Section 513 of the Fair Work Act 2009 details criteria for assessing whether an official is able to hold a permit.
Conditions may be imposed on a permit holder.
Permits cannot be issued to officials who are disqualified or suspended from applying for or exercising right of entry under industrial or occupational health and safety laws.
Do you want to:
- Download Form F42—Application for an entry permit
(33kb)
Expiry & return of permits
Permits are valid for 3 years from date of issue or cease when the permit holder ceases to be a union official.
A permit must be returned within 7 days of expiry.
Penalties apply for failing to return a permit.
A new or further permit will not be issued if a previous permit has not been returned.
