Exercising right of entry

On this page:

• What does an entry notice include?
• Conduct in relation to right of entry
• Rights while on the premises

What does an entry notice include?

An entry notice should include details of:

• the premises to be entered
• the day of entry
• the organisation the permit holder belongs to
• the section of the Fair Work Act 2009 that authorises the entry
• details of the suspected breach
• a declaration by the permit holder that they represent an employee who works on the premises and:
  • to whom the suspected breach relates, or
  • who is affected by the suspected breach
• the provision of the organisation's rules that details the organisations right to represent the employee.

Conduct in relation to right of entry

Permit holders must:

• abide by conditions imposed on their permit
• comply with reasonable occupational health and safety requests
• comply with reasonable requests to hold discussions in a particular room or area
• comply with reasonable requests that certain routes be taken to a room or area
• act in a proper manner and not intentionally hinder or obstruct others
• not enter any part of the premises used for residential purposes.

A permit holder must not:

• be refused or delayed entry to the premises
• be refused the right to inspect and copy records or documents regarding a suspected breach
• be hindered or obstructed from exercising their rights
• give the impression that they are authorised to do things they are not, nor be reckless about giving that impression
• use information for any purposes other than the investigation.

Rights while on the premises

While on the premises, the permit holder may:

• inspect any work, process or object relevant to the suspected breach
• interview any person about the suspected breach whose interests the permit holder's organisation is entitled to represent and who agrees to be interviewed
• inspect and copy any record or document that is directly relevant to the suspected breach, that is kept on the premises or is accessible from a computer that is kept on the premises.

Documents that relate to a person who is not a member of the permit holder's organisation and that do not substantially relate to the employment of a person who is a member are not included as documents that may be inspected or copied. A permit holder may apply to Fair Work Australia to inspect such documents or consent may be given by that person.

The permit holder may also request, by written notice, access to records and documents at a later time. The permit holder is required to produce their entry permit and a copy of their entry notice for inspection upon request or before exercising any right to inspect records or documents.