Right of entry

Learn about unions entering the workplace under Fair Work Act laws.

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Right of entry in the workplace

Union officials who are entitled to represent workers have a right to enter the workers' workplace or business premises to:

  • investigate suspected contraventions of the Fair Work Act or related instruments (for example an award or enterprise agreement), or
  • hold discussions with employees (if the employee wishes to participate).

To exercise their right of entry to a workplace under the Fair Work Act, a union official needs to:

State and territory work health and safety (WHS) laws also:

  • provide rights to enter workplaces for WHS purposes
  • set out the rules for getting a WHS entry permit and exercising this type of entry.

When exercising a WHS right of entry to premises that are covered by the Fair Work Act, union officials also need to:

  • have a Fair Work Act right of entry permit
  • comply with additional requirements.

Officials assisting a WHS representative on request under a state or territory WHS law don’t need to hold a Fair Work Act right of entry permit to enter a workplace. Certain rules and requirements still apply to those officials, including under state and territory WHS laws.

For more information about right of entry under WHS laws, visit:

Entry permit requirements

Right of entry permits are issued by the Fair Work Commission (the Commission). The Commission is the national workplace relations tribunal and registered organisations regulator.

To be eligible for an entry permit, a person has to be an:

  • elected officer of the union, or
  • employee of the union.

A permit holder also needs to be a fit and proper person, as determined by the Commission.

Right of entry permits are valid for 3 years and expire as soon as one of the following happens:

  • the permit is 3 years old
  • the permit holder stops being a union employee or official, or
  • the Commission suspends or revokes the permit.

The Commission also has the power to restrict the rights of organisations and officials if those rights are misused. The Commission’s powers include:

  • revoking or suspending the permit
  • imposing conditions on the permit
  • making any order the Commission considers appropriate.

Find out more about right of entry permits from Fair Work Commission – Entry permits.

Tip: Find an entry permit database

An entry permit gives a union official the right to enter a workplace.

The Commission has a free database you can search of all current entry permit holders. Access it at Find an entry permit.

Notice of the visit

Permit holders entering a workplace have to give notice to the site occupier and any other affected employers. This notice must be given:

  • in writing
  • during working hours
  • at least 24 hours before their visit (and not more than 14 days before the visit).

This is known as an entry notice.

The Commission can also give permit holders an exemption certificate in some circumstances, which allows them to enter without notice. See Exemption certificate to visit without notice.

A permit holder who has entered premises needs to produce:

  • the entry notice (or exemption certificate)
  • their entry permit on request by the site occupier or an affected employer.

Learn more about entry notices at Fair Work Commission – Rules for a Fair Work entry notice.

Exemption certificate to visit without notice

If a permit holder has an exemption certificate from the Commission, they don’t need to give at least 24 hours notice of their visit. They can visit without notice but must give a copy of the exemption certificate either before, or as soon as possible after, entering the premises.

Permit holders can apply to the Commission for an exemption certificate if they’re investigating a suspected breach of:

  • the Fair Work Act, or
  • a related instrument like an award or agreement.

The Commission will issue a certificate if:

  • it reasonably believes that giving advance notice of entry might lead to evidence being destroyed, concealed or altered, or
  • it is satisfied that:
    • the permit holder is investigating the suspected underpayment of a union member
    • advance notice of entry would hinder an effective investigation.

Rules for entering a textile, clothing or footwear industry workplace

There are important differences to the rules when union officials enter workplaces in the textile, clothing and footwear industry.

Unlike other permit holders, union officials who are entitled to represent textile, clothing and footwear workers can also:

  • look into suspected contraventions of outworkers terms in an award or registered agreement
  • enter the workplace without giving advanced notice or the workers being there
  • access records of workers, including those who aren't union members.

Permit holders don't need to provide advance notice in these circumstances but still need to provide notice in writing. The notice needs to be before, or as soon as possible after, they enter the premises.

What permit holders can do in the workplace

Suspected contraventions

When a permit holder enters a workplace to investigate a suspected contravention of the Fair Work Act or an award or agreement, they can only:

  • inspect any work, process or object that relates to the suspected contravention
  • interview a person in relation to the suspected contravention if the person agrees to be interviewed and the permit holder’s union is entitled to represent them
  • inspect and make copies of records relating to the suspected contravention or serve a notice on the employer to produce records at a later date.

Permit holders aren't allowed to see the records of non-union members, except with:

  • the non-member's written permission, or
  • an order from the Commission.

A person must not use or disclose any information or document obtained when investigating a suspected breach for an unrelated purpose, unless they’re authorised to by the Fair Work Act.

Discussions with employees

Permit holders can also enter a workplace to hold discussions with employees.

Permit holders can only interview or meet with employees who:

  • work on the site
  • are entitled to be represented by the union
  • are willing to meet with the union.

Discussions have to be during meal or other breaks and not during paid work time.

Access to rooms for discussions and interviews

Permit holders can hold their discussions or interviews in rooms or areas that are agreed with the occupier of the premises.

If there’s no agreed place, the permit holder can hold the discussions or interviews in any room or area that is both:

  • where those employees ordinarily take meal or other breaks
  • provided by the occupier for breaks.

Visiting remote workplaces

When a permit holder visits remote workplaces, accommodation and transport may not be reasonably available. If this happens, they can enter into an accommodation or transport arrangement with the employer.

If the employer and the permit holder can't agree on an arrangement, the employer needs to provide or arrange accommodation or transport if:

  • it doesn't cause undue inconvenience for the employer
  • the permit holder gives a reasonable amount of notice.

The employer can charge a fee for the accommodation or transport. It can't be more than it costs.

Permit holder responsibilities

While on site, permit holders need to comply with the site occupier’s reasonable requests to:

  • comply with WHS requirements
  • take a particular route to access areas or rooms for interviews or discussions with employees.

Permit holders must not:

  • misrepresent their authority as a permit holder under the Fair Work Act
  • enter any part of the premises that is mainly used for residential purposes
  • intentionally hinder or obstruct another person or act improperly.

Responsibilities when dealing with permit holders

An employer, site occupier or other person must not:

  • stop or delay a permit holder who has followed the right of entry rules when they are entering or seeking to enter a premises
  • refuse or fail to comply with a permit holder’s lawful request to produce or provide access to records or documents
  • intentionally hinder or obstruct a permit holder who is exercising their right to enter a site or premises, or otherwise act improperly
  • misrepresent that something they’re doing (or something someone else is doing) is authorised by the right of entry provisions of the Fair Work Act.

Find out more about disputes about right of entry from Fair Work Commission – Disputes about entry to workplaces.

Source reference: Fair Work Act 2009 s.478–521D

Related tools and information

The Commission plays an important role in administering the right of entry framework under the Fair Work Act. Visit the Commission’s website for more information or help with:

We (the Fair Work Ombudsman) can help you with more information about:

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