Fair Work Commission

When to apply for a WHS entry permit

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.

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
4. the previous WHS permit, or if lodged electronically a scanned colour copy of the previous permit (original to follow in the mail or by hand). NOTE: if the previous permit is still valid, the permit holder may wish to retain it until the application for the new permit has been assessed
5. any statutory declarations regarding late return of a previous WHS permit
6. any statutory declarations regarding lost or stolen WHS permits
7. any submissions regarding why further action should not be taken for late return of permits and what measures the organisation has taken to prevent future re-occurrences
8. any submissions regarding what measures the organisation is taking to avoid future loss of permits.

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.

Return of previous permits

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.

Late return of previous 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.

Lost or stolen permits

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.

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, 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.

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
• ensure that the proposed permit holder’s training is current
• ensure that the previous WHS permit is returned within 14 days of expiry
• if the previous WHS permit is returned late, make sure new training is undertaken and a relevant statutory declaration provided
• if the previous WHS permit is lost or stolen, make sure a statutory declaration is made.

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