About Work Health and Safety entry permits

A WHS entry permit gives a union official the right to enter premises under the Work Health and Safety Act 2011. An official may need a WHS permit to enter premises because:

• they suspect an employer is breaching the WHS Act and they want to investigate
• they want to inspect documents that relate directly to the suspected breach
• they want to consult and advise workers.

Who can hold a WHS entry permit?

Under the Work Health and Safety Act 2011 (the WHS Act), a permit holder must:

• be an elected officer of a union OR
• be an employee of a union AND
• have done the training in the WHS Act AND
• hold a Fair Work entry permit.

When to apply for a WHS entry permit

After we issue a Fair Work entry permit, the permit holder may need a WHS entry permit. We cannot issue a WHS entry permit until we have issued a Fair Work entry permit. A union can apply for both permits at the same time.

How to apply for a WHS entry permit

A member of the union's committee of management applies on behalf of the permit holder. The committee member must fill out an Application for a WHS entry permit (Form F42A) and submit it with statutory declaration F42B.

Form F42A has 2 parts.

1. The application form

This form asks for details about the permit holder including any previous permits and where to send the permit if it is issued.

2. Declaration from the committee of management member

The committee of management member must make a declaration about the permit holder.

By signing Form F42A, the committee of management member declares:

• they are authorised to make the application
• the permit holder's signature is genuine
• the permit holder's statutory declaration (Form F42B) is attached.

Email applications to regorgs@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.

WHS entry permit processing time

We recommend a union applies 4 weeks before the WHS entry permit is needed.

Avoid delays to your WHS entry permit

If we need to contact you for more information, it takes longer to process your application. Your union’s committee of management member should ensure:

• all the paperwork is correct
• they have evidence you have completed the correct training
• both their declaration and the statutory declaration F42B are accurate and complete.

How to get an WHS entry permit in other jurisdictions

We issue WHS permits under the federal WHS Act.

To apply for a WHS permit under a state or territory law, contact the relevant authority:

• ACT: WorkSafe ACT
• NSW: Industrial Relations Commission of New South Wales
• NT: NT WorkSafe
• Qld: Queensland Industrial Relations Commission
• SA: South Australian Employment Tribunal
• Tas: WorkSafe Tasmania

Victoria and Western Australia have different WHS legislation. To apply for a permit, contact:

• Vic: Magistrates’ Court of Victoria
• WA: the Registrar for the purposes of the Industrial Relations Act 1979 (WA)