The Fair Work Amendment (Modernising Right of Entry) Regulations 2019 take effect on 1 July 2019. They require new entry permits to include a photo and signature of the permit holder. The Fair Work Commission is changing its processes to enable this.
As a result of the change, no applications for a Right of entry permit will be accepted under the existing system from Wednesday, 26 June 2019.
Applications under the new system can begin from Monday, 1 July 2019.
The Fair Work Act 2009 (the FW Act) and the Work Health and Safety Act 2011 (Cth) (the WHS Act) enable union officials to enter workplaces for specified purposes. To exercise this right of entry the union official must:
A union official (including an employee of a union) has the right to enter premises if they hold a valid and current entry permit issued by the Fair Work Commission under s.512 of the FW Act (a Fair Work entry permit).
The Fair Work entry permit allows the official to enter premises for the purpose of:
A union official (including an employee of a union) has the right to enter premises for the purpose of exercising rights under the Work Health and Safety Act 2011 (Cth) if they hold:
The WHS entry permit allows the official to enter premises for the purpose of:
To apply for a WHS permit in the following jurisdictions, the appropriate authorities are:
Note: Western Australia and Victoria are not currently part of the harmonised national WHS model legislation.