By Aaron Dockery, Senior Employee Relations Adviser

Right of Entry rules have been amended to ensure that the identity of both existing and new permit holders can be clarified appropriately.

The Right of Entry provisions in the Fair Work Regulations 2009 (the Regulations) have been varied by the Fair Work Amendment (Modernising Right of Entry) Regulations 2019. Regulation 3.26 and Regulation 3.26A have been introduced.

Regulation 3.26 took effect from 1 July and requires that an entry permit issued on or after that July 1, 2019 must include the following:

  • permit holder’s full name
  • name of the organisation that applied for the entry permit
  • an expiry date for the entry permit
    • a recent photograph of the permit holder that: 
    • shows the holder’s full face, and
  • meets requirements that are considered appropriate by the FWC
  • the permit holder’s signature.

Regulation 3.26A takes effect from October 1, 2019 and outlines that if a permit holder produces an entry permit for inspection in accordance with section 489 or 497 of the Fair Work Act (2009) (the Act), they must also produce for inspection with the entry permit a document that:

  • is issued:
    • by the government of the Commonwealth, a State or a Territory, or
    • by an authority established for a public purpose by or under a law of the Commonwealth, a State or a Territory; and
  • is in force, or ceased to be in force not more than two years before the document is produced, and
  • provides photographic identification of the permit holder.

Additions have also been introduced to Forms 2 and 3 in Schedule 3 of the Regulations that outline the obligations of permit holders, occupiers of the premises and affected employers.

These are intended to assist those parties in understanding their obligations whilst a right of entry is being exercised. A copy of these additions is in the Appendix.

For more information contact the CCIWA HR and IR experts in the Employee Relations Advice Centre on (08) 9365 7660 or email advice@cciwa.com

Appendix

Obligations of permit holders, occupiers of premises and affected employers

A permit holder has various obligations under the Fair Work Act 2009. In general terms, these include (but are not limited to) the following:

  • to produce the permit holder’s entry permit for inspection on request and before requiring access to records and documents (see section 489)
  • to comply with any reasonable request from the occupier of premises to comply with occupational health and safety requirements that apply to the premises (see section 491)
  • not to intentionally hinder or obstruct any person, or act in an improper manner (see section 500)
  • not to intentionally or recklessly misrepresent things the permit holder is authorised to do (see section 503).

An occupier of premises, an affected employer or other person has various obligations under the Fair Work Act 2009. In general terms, these include (but are not limited to) the following:

  • not to refuse or unduly delay entry to a permit holder (see section 501)
  • not to intentionally hinder or obstruct a permit holder (see section 502)
  • not to intentionally or recklessly misrepresent things the occupier, employer or person is authorised to do (see section 503).

For further information about all the rights and obligations that apply in relation to entry rights, see Part 3‑4 of the Fair Work Act 2009 or contact the Fair Work Ombudsman on 13 13 94 or the Australian Building and Construction Commission on 1800 003 338.

Failure by a person to comply with an obligation under Part 3‑4 of the Fair Work Act 2009 may result in a court ordering the person to pay a pecuniary penalty (see section 546).