When an official can enter a workplace

Reasons an official may want to enter a workplace

Union officials may enter workplaces for the reasons in the Fair Work Act 2009 and Work Health and Safety Act 2011. They must have a current permit to do this.

Anyone can check if an official has a current permit.

1. The Fair Work Act allows them to enter a premises to:

• investigate if they suspect the employer has breached the Act and other instruments*
• investigate breaches that relate to outworkers* in the textile, clothing and footwear industries
• meet with employees
• use their rights under occupational health and safety laws.

2. Under the Work Health and Safety Act (WHS Act), an official can enter premises to:

• investigate if they suspect the employer has breached the WHS Act
• inspect documents that relate directly to a suspected breach or contravention*
• consult and advise workers.

What a union official must do for right of entry

To enter a workplace under the Fair Work Act, the official must:

• have a current Fair Work entry permit that we give them
• send the employer a Fair Work entry notice that follows the rules in the Act.

Find out the rights and obligations of Fair Work entry permit holders when they want to enter a premises.

To enter a workplace under the WHS Act, the official must:

• have a current Fair Work entry permit

AND

• have a current WHS entry permit that either:
  – we give them (if the Commonwealth jurisdiction covers the workplace)
  – a state or territory authority issues (if one these jurisdictions covers the workplace)
• send the employer a WHS entry notice that follows the rules in the WHS Act.

Find out the rights and obligations of WHS entry permit holders when they want to enter a workplace.