Rules for a Fair Work entry notice

The permit holder should give notice no less than 24 hours and no more than 14 days before they wish to visit.

They can give less notice if:

• we give them an exemption
• the visit relates to Textile, Clothing and Footwear Award (TCFA) workers section 483A of the Fair Work Act 2009).

In these cases, before the permit holder enters the premises (or as soon as possible after), they must give the occupier:

• written notice (if the visit relates to TCFA workers) OR
• a copy of the exemption certificate (if we gave them an exemption).

The requirement to give notice is in section 487 of the Fair Work Act.

An entry notice will look different depending on the section of the Act that authorises entry.

It must specify:

• the premises to be entered
• the day of entry
• the organisation (or union) the permit holder belongs to
• which section of the Act authorises the entry:
  • to hold discussions – subdivision B, section 484.
  • to investigate a suspected breach – section 481, section 483A or section 483D OR
  • details of the breach the permit holder suspects (for entry under section 481 and section 483A(1)(a) only).

The Fair Work entry permit holder must declare:

• their organisation or union is entitled to represent the industrial interests of an employee or worker who works on the premises (for section 481, section 483A(1)(a) and section 484 only)
• they may represent the industrial interests of Textile, Clothing and Footwear Award workers (for section 483A(1)(b) only)
• who the suspected contravention relates to, or who the suspected contravention affects (for sections 481 and 483A(1)(a) only)
• which part of the union's rules gives them the right to represent the workers (this will be found in the union's eligibility rule).

See section 518 of the Fair Work Act.

You can find templates in Schedule 3.3 of the Fair Work Regulations 2009 for:

• Form 2 – Entry notice
• Form 3 - Exemption certificate.