On the Check an entry permit page, typing any employee organisation (acronyms work) will create a complete list of every person in that organisation who has an entry permit as well the issue and expiry dates. Go to the last page of the list to check which is the next permit to expire.
Use this to plan for applying for a new permit prior to the expiration date.
Fair Work entry permits are valid for 3 years from the date of issue. Each entry permit expires on the earliest of:
A Fair Work entry permit must be returned to the Fair Work Commission by the permit holder within 7 days of expiry. Substantial penalties apply for failing to return a permit.
A new Fair Work entry permit will not be issued if a previous permit has not been returned.
WHS entry permits are valid for 3 years from the date of issue. Each entry permit expires on the earliest of:
A WHS entry permit must be returned to the Commission by the permit holder within 14 days of expiry. Substantial penalties apply for failing to return a permit.
A new or further WHS entry permit will not be issued if a previous WHS entry permit or a previous Fair Work Permit has not been returned.
Transitionally recognised associations (TRAs) are able to apply for and use permits. Transitional recognition will cease on 1 January 2017.
After 1 January 2017 all rights arising from the transitional recognition will cease. For a union this means that all Fair Work entry permits and WHS entry permits issued to officials of the TRA will expire and need to be returned to the Fair Work Commission.
Affected Fair Work entry permits must be returned within 7 days and affected WHS entry permits must be returned within 14 days.
The permit holder must return the original Fair Work permit to the Commission:
The permit holder must return the original WHS permit to the Commission:
The union must advise the Commission if:
The original entry permit is a hardcopy document and therefore must be returned either by post or by hand to any Commission office.
Under current legislation, the original entry permit must be returned to the Commission. Electronic 'return' would mean that the original permit remains with the permit holder. The hardcopy permit must therefore be returned by hand or by post.
If you have returned your entry permit late, you must provide a statutory declaration which explains in detail:
The statutory declaration should be lodged as soon as you realise that the permit has not been returned on time.
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.
To reduce the amount of time a union official is without an entry permit, an application for a new permit can be made prior to the return of the previous permit if a scanned colour copy of the previous permit is included with the application.
When the examination of the application has been completed, but before the issue of a new entry permit, Commission staff will contact you to arrange for the return of the original permit. The original permit must be returned in hardcopy.
If there are urgent circumstances, you need to explain the circumstances to us and we will attempt to arrange for an exchange at the counter. Note: this is only in the case of genuinely urgent circumstances.
Section 517 of the Fair Work Act 2009 requires the permit holder to return an entry permit to the Commission within 7 days of expiry. Section 149 of the Work Health and safety Act 2011 (the WHS Act) requires the permit holder to return an entry permit to the Commission within 14 days of expiry.
A permit holder is entitled to keep their permit until that time, however the Commission will not complete the processing of entry permit applications until the original entry permit, whether expired or not, has been returned to the Commission.
This is part of our strategy to work with registered organisations to achieve high levels of compliance with the requirements of the relevant Acts. Our strategies are built around regulatory assistance, encouragement and education rather than the punitive alternative provided by the civil remedy provisions, which carry significant penalties.
Note: a recent review of expired entry permits has identified in excess of 500 permits issued in the calendar years 2008, 2009 and 2010 that have not been returned to the Commission as required under the relevant Act. The Commission is aware of incidents where right of entry has been exercised using an expired entry permit (although the available evidence indicates those incidents have been inadvertent, rather than deliberate breaches of the relevant Act).
If your entry permit has been lost or stolen, you must provide the Commission with a statutory declaration which explains in detail:
The declaration should be made as soon as you have realised that it is lost or stolen.
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.