Apply to be exempt from providing an entry notice (Form F44)

An exemption certificate can be issued by the Commission if:

• advance notice of the entry might result in evidence being destroyed, concealed or altered, or
• the suspected breach involves underpayment and advance notice of the entry would hinder an effective investigation. 

Use Form F44 if your organisation wishes to apply for an exemption certificate.

Have this information ready before you begin. You will need to tell us:

• your details
• your representative's details, such as a lawyer or paid agent (if you are using one)
• the details of the employer
• the details of the premises to be entered
• the industry of the employer
• the proposed date of entry
• the suspected breaches of the Fair Work Act or other instrument.
• why you think the Commission should issue a certificate.

We store your information in line with the Form F44 privacy notice (pdf).

After we receive your application, we will contact you to explain the next steps in the process.

Fair Work Act 2009: Section 519