Who can hold a Fair Work entry permit

Under the Fair Work Act, a permit holder must be:

• an elected officer of a union OR
• an employee of a union AND
• a ‘fit and proper person’.

The Fair Work Act says we must decide if the proposed permit holder is a ‘fit and proper person’ to hold a permit before we give them (issue) an entry permit.

Section 513 of the Fair Work Act says we must think about (consider) several ‘qualification matters’ before deciding to give someone a permit. 

We look at whether the proposed permit holder:

• has done the right of entry training
• has ever paid a penalty, or had a penalty paid for them by a person or organisation, under the Fair Work Act or other industrial law for their past actions
• held a permit previously that had conditions put on it
• held a permit that was cancelled or suspended
• has been convicted for:
  • breaking an industrial law
  • illegal entry to a premises
  • fraud
  • dishonesty
  • intentional violence against another person
  • intentional damage or destruction of property.

We can also consider any other matters that we think are relevant to the permit application.

When applying for an entry permit, the committee of management member of the union must make a declaration about the proposed permit holder.

Before they do this, they must:

• make proper enquiries to find out whether the proposed permit holder is a fit and proper person to hold an entry permit, and
• see evidence that the proposed permit holder has completed appropriate training.

Proper enquiries about whether the proposed permit holder is a 'fit and proper person' include:

• discussing with them the permit qualification matters set out in section 513 of the Fair Work Act
• reviewing their previous permit(s) for conditions
• checking the union’s internal records
• searching for their name in Federal Court judgments and orders, and the Commission’s decisions and orders.