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.
It is a good idea to lodge an application for a new WHS entry permit about 4 weeks before the current Fair Work 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, and the Fair Work Commission's workload.
To apply to the Commission for a WHS entry permit use Form F42A and statutory declaration F42B, which can be found on the Forms page of our website.
An application for a WHS entry permit must be made by a union.
The application must:
NOTE: The requirement that the proposed WHS permit holder will hold an entry permit issued under the Fair Work Act 2009 (the FW Act) only applies where a person has also applied for a Fair Work entry permit under s.512 of the FW Act and is waiting for it to be issued.
The application should include:
Evidence of satisfactory completion of approved WHS right of entry training will also need to be provided. A copy of the certification of completion of training is sufficient. For more information please go to Right of entry training.
A permit will not be issued until all previous permits have been returned. For more information about return of pervious permits go to Expiry & return of entry permits.
If you have returned your entry permit late, you must provide a statutory declaration and undertake new training. For more information about late return of permits go to Expiry & return of entry permits.
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.
If your entry permit has been lost or stolen, you must provide the Commission with a statutory declaration. For more information about lost or stolen permits go to Expiry & return of entry permits.
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.
The application must be signed by an office holder authorised by the rules of the union.
You will need to check your organisation's rules to see who is an authorised office holder. If the authorised office holder is on leave and someone is acting in their absence, you will need to check your organisation's rules to find out whether the person who is acting can sign the application.
Make sure you:
If the permit, once granted, is to be sent to a specific address, please highlight this in the covering email or letter.
Previous and expired WHS permits must be returned to the Commission. If your previous WHS permit has not yet expired, your application can be lodged electronically without returning the original WHS permit, however a scanned colour copy of the current WHS permit must be included with the application. Commission staff will then contact you when the application has been processed to arrange for the return of the original WHS permit.
A new WHS entry permit will not be issued if a previous WHS permit has not been returned. For more information on returning your permit please go to Expiry & return of permits.
The application (with all attachments) can be emailed to firstname.lastname@example.org.
If you email your application you will not receive an acknowledgement of successful lodgment unless you specifically request one.
You can lodge multiple applications by email to email@example.com.
If you lodge the application electronically you do not need to also forward the application by mail, electronic lodgment is sufficient. However the original permit must be returned either by post or by hand to the Commission.
A number of factors influence the time taken to process and consider whether to issue a permit, including:
A good start to ensuring a faster turnaround time is to:
To apply for a WHS permit in the following jurisdictions, the appropriate authorities are: