Fair Work Commission

Filling in the paperwork

Which forms to use

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:

• specify the person who is to hold the WHS entry permit
• include a statutory declaration by the proposed WHS permit holder declaring that he or she:
  • is an official of the union
  • has satisfactorily completed the prescribed WHS right of entry training
  • holds, or will hold, an entry permit.

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.

What to include with the application

The application should include:

1. the application form F42A, properly completed
2. a statutory declaration F42B made by the proposed permit holder
3. evidence that the proposed permit holder has satisfactorily completed approved WHS right of entry training.

Evidence of approved training

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.

Signing the application

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.

Notes

Make sure you:

• specify the office or employment position of the proposed permit holder on the application form, and
• specify the correct name of the proposed permit holder (eg Robert not Rob).

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.

Lodging an application

Where to lodge the application

The application (with all attachments) can be emailed to ros@fwc.gov.au.

If you email your application you will not receive an acknowledgement of successful lodgment unless you specifically request one.

Lodging multiple applications

You can lodge multiple applications by email to ros@fwc.gov.au.

Electronic lodgment

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.

Processing of applications

Turnaround time for processing applications

A number of factors influence the time taken to process and consider whether to issue a permit, including:

• the adequacy of the application and supporting materials, and
• the workload of the Commission at the time the application is made.

How to get your entry permit faster

A good start to ensuring a faster turnaround time is to:

• make sure all the paperwork is in order
• make sure the application and statutory declaration are accurate and complete.

Jurisdictions

To apply for a WHS permit in the following jurisdictions, the appropriate authorities are:

• Commonwealth – Fair Work Commission
• NSW – Industrial Relations Commission
• Qld – Industrial Registrar
• ACT – Director-General
• SA – Industrial Relations Commission of South Australia
• NT – Work Health Authority
• TAS – WorkCover Tasmania