Right of Entry Notice (Australia)

A Right of Entry Notice in Australia is a legally binding written instrument.

A permit holder is a union official who has been granted a right of entry permit by the Fair Work Commission under sections 512 to 521 of the Act. To obtain a permit, the official must satisfy the Commission that they will exercise the right of entry fairly and in accordance with the Act. Permits are typically valid for a specified period and can be suspended or revoked by the Commission if the permit holder misuses their rights.

There are two primary bases for exercising right of entry under the Fair Work Act 2009. The first is section 481 — entry to investigate a suspected contravention of the Act, the National Employment Standards, a Modern Award, or an enterprise agreement. The permit holder must have a reasonable suspicion that a contravention has occurred or is occurring, and the contravention must relate to a member (or eligible member) of the permit holder's organisation employed on the premises. The second is section 484 — entry to hold discussions with employees who may wish to discuss matters under the Act. The permit holder may hold discussions during meal breaks or other rest periods.

State and territory OHS (occupational health and safety) legislation also confers separate right of entry powers on union officials. These OHS entry rights are preserved under section 494 of the Fair Work Act 2009, and a separate notice may be required under the applicable state or territory WHS legislation.

The notice requirement under section 487 is 24 hours minimum and 14 days maximum. Entry may only occur during working hours at the premises. The permit holder must produce their permit to the occupier on request.

The legal framework governing the Right of Entry Notice (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Right of Entry Notice (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.

A Right of Entry Notice is needed whenever a union permit holder proposes to exercise their statutory right of entry to a workplace under Part 3-4 of the Fair Work Act 2009 (Cth).

Investigating suspected underpayments is the most common reason for entry under section 481. A union may receive complaints from members that they have not been paid correctly under their Modern Award or enterprise agreement. Before the union can access pay records or speak with employees during working hours for this purpose, the permit holder must give the required 24-hour notice. On entry, the permit holder can require the employer to produce time and wage records, pay slips, and other relevant documents.

Investigating suspected safety breaches may also be pursued using right of entry under section 481 (if the safety obligation is found in the Fair Work Act or a Fair Work instrument) or under state/territory WHS legislation (which confers separate rights). Union officials from unions like the CFMEU, ETU, and AWU commonly enter construction sites and industrial premises for safety inspections.

Recruiting new members is permitted under section 484. A permit holder may enter premises to hold discussions with employees during meal breaks or rest periods about the benefits of union membership and the union's services. This does not require a suspected contravention — the permit holder needs only to establish that they are entitled to represent at least one of the employees.

Monitoring enterprise agreement compliance is a reason for entry where the union is a party to an enterprise agreement and suspects the employer is not complying with its terms. The permit holder may seek access to records and speak with employees about their employment conditions.

Pre-entry requirements: The permit holder must give written notice at least 24 hours (and no more than 14 days) before the proposed entry. The notice must be given to both the occupier of the premises and the employer (if different). On entry, the permit holder must produce their permit on request, comply with the occupier's reasonable directions about entry (such as signing a visitor register or wearing PPE), and not hinder or obstruct work.

A Right of Entry Notice under section 487 of the Fair Work Act 2009 must contain the following elements to be valid and legally effective.

Permit holder identification: The full legal name of the permit holder and their right of entry permit number as shown on the permit issued by the Fair Work Commission. The notice must be issued by the permit holder personally (it cannot be issued by the union on behalf of the permit holder).

Organisation identification: The full registered name and ABN or registration number of the union or registered employee organisation on whose behalf the entry is being exercised. The permit holder's role in the organisation should also be identified.

Premises identification: The full address of the premises to be entered. If entry is to a specific part of the premises (for example, a particular floor or site area), this should be specified.

Occupier and employer: The names of the occupier of the premises and the employer. These may be the same entity or different entities (for example, where labour hire workers are employed at a host employer's site).

Purpose of entry: Whether the entry is under section 481 (to investigate a suspected contravention) or section 484 (to hold discussions with employees), or both. If entering under section 481, the notice must also describe the suspected contravention in sufficient detail.

Proposed date and time: The specific date and proposed time of entry. Entry can only occur during working hours at the premises. The notice must be given at least 24 hours before the proposed entry date and no more than 14 days before.

Date of notice: The date on which the notice is given. This is used to verify that the 24-hour minimum notice requirement has been met.

Signature of permit holder: The notice should be signed by the permit holder in their capacity as the holder of the right of entry permit.

Additional compliance elements for a Right of Entry Notice (Australia) used in Australia include: Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.