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 (the WHS Act).

An official may need a WHS permit to enter premises to:

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

Find out when and how to apply for a Work Health and Safety (WHS) entry permit in the information below:

• who can hold a WHS entry permit
• when to apply for a WHS entry permit
• how to apply for a WHS entry permit
• WHS entry permit processing time
• avoid delays to your WHS entry permit
• how to get an WHS entry permit in other jurisdictions

Under the WHS Act, a permit holder must:

• be an elected officer or employee of a union, AND
• have done the training prescribed by the WHS Act, AND
• hold a Fair Work entry permit.

See Training that permit holders must complete for information about the training and approved providers.

After we issue a Fair Work entry permit, the permit holder may also need a WHS entry permit to exercise functions under the WHS Act.

We cannot issue a WHS entry permit until a person holds a Fair Work entry permit.

A union can apply for both permits at the same time.

A member of the union's committee of management applies on behalf of the permit holder. The committee member must fill out the Form F42A Application for a work health and safety (WHS) entry permit.

This form is made up of the following parts:

1. Information section

This part of the form asks for the name and address of the organisation, the name of the committee of management member and a contact person.

2. About the proposed WHS entry permit holder

This part asks for the full legal name and contact details of the proposed permit holder, including information on permits they hold or have previously held.

3. Statutory declaration by the proposed WHS entry permit holder

This part requires the proposed permit holder to sign a statutory declaration before an authorised witness. 
See the Attorney General’s Department website for information about:

• who can witness a statutory declaration
• what a witness should do.

4.    Declaration from the committee of management member

In this part, the committee of management member must sign a declaration about the proposed permit holder.

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

• they are making an application for a WHS permit on behalf of the organisation
• they are an elected office holder authorised to make the application, and
• the proposed permit holder's signature in the statutory declaration included in the form is genuine.

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

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

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

• all the information included in the form is correct
• they have evidence the proposed permit holder has completed the prescribed WHS training
• both their declaration and the statutory declaration are accurate and complete.