The Fair Work Amendment (Modernising Right of Entry) Regulations 2019 took 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.
It is a good idea to lodge an application for a new entry permit about 4 weeks before the current permit expires. This should provide sufficient time for a new permit to be issued prior to the expiry of the existing permit.
Note: a number of factors can extend turnaround times, including incomplete applications, the Fair Work Commission's workload, and consideration as to whether the proposed permit holder is a fit and proper person to hold a permit.
Your application should be lodged using the Online Lodgment Service on the Commission’s website.
When you submit the application through the Online Lodgment Service, you do not need to also forward the application by mail; electronic lodgment is sufficient.
From 1 July 2019, requirements under the Fair Work Amendment (Modernising Right of Entry) Regulations 2019 mean there is a new process for entry permit applications.
Parties will lodge an entry permit application using Form F42. This should be done using the Online Lodgment Service on the Commission's website.
The Commission will contact the Committee of Management member who was the signatory on the initial application (on Form F42) by email.
They will be asked to complete Form F42C – Application for an entry permit – photo and signature with the proposed permit holder.
Form 42C requires the proposed permit holder to sign the form and provide a recent photograph meeting the standards of the Fair Work Commission.
The Committee of Management member will then need to verify that the photograph is of the proposed permit holder and that the signature is genuine.
The Committee of Management member lodges the Form F42C and the photograph.
This can be done by email (or by hardcopy at any of our Commission offices).
The proposed permit holder obtains a Digital iD.
The proposed permit holder will be invited to conduct a Skype call with Commission staff. This call will be recorded.
The Digital iD will be used by Commission staff to verify the identity of the proposed permit holder.
Following verification, the Commission will complete its assessment of whether the proposed permit holder is a fit and proper person.
If approved, the entry permit card is issued and posted to the registered address of the organisation who made the application.
A number of factors influence the time taken to process and consider whether to issue a permit, including:
The expected turnaround time is about 4 weeks, but this may change depending on the circumstances.
A good start to ensuring a faster turnaround time is to: