Rights and obligations of Fair Work entry permit holders

You may hold discussions at any time provided the employer does not object. You have a right to hold discussions during meal times or breaks with employees or textile, clothing and footwear (TCF) workers:

• who work on the premises
• if your union is entitled to represent them
• who wish to take part in the discussion.

If you wish to investigate a suspected contravention* of the Act or Fair Work instrument*, you may:

• inspect any work, process or object that relates to the suspected contravention
• interview any person about the suspected contravention if your union is entitled to represent them and they agree to the interview
• inspect and copy any record or document that is directly relevant to the suspected contravention and that:
  • is kept on the premises, or
  • you can access from a computer that is kept on the premises.

The employer does not have to allow inspection and copying if it would break other laws (such as privacy laws).

You may not inspect documents:

• about a person who is not a member of the union
• that do not ‘substantially relate’ to the employment of a member.

You may use Form F43 to apply to inspect these documents or obtain written consent from that person.

Within 5 days of entry you can ask for access to records and documents at a later time. To do this, you must give the employer written notice of no less than 14 days.

There are rules that apply if you want to access a workplace in a remote area.

You may only have reasonable access if the occupier of the premises provides or organises transport or accommodation for you.

The occupier and the union may not agree on an arrangement. In this case, the occupier must arrange to provide accommodation and/or transport if:

• it would not cause them undue inconvenience
• you, or the union, ask for it
• you ask a reasonable time before you need it.

They must not charge more than necessary to cover the costs.

The Act says your conduct while in transit or at the accommodation is part of your right of entry.

A Fair Work entry permit holder must:

• carry their original permit and a copy of the notice of entry (or exemption certificate) for inspection
• hold interviews or discussions in rooms or areas the occupier agrees to (if they do not agree, you may go where the workers would normally eat meals or take other breaks)
• comply with reasonable requests to take a certain route to a room or area
• abide by the conditions on their permit
• comply with reasonable occupational health and safety requests
• not enter any part of the premises used for residential purposes
• visit a workplace during working hours.

No entry permit holder may:

• intentionally hinder or obstruct any person, or otherwise act in an improper manner
• give the impression that they are authorised to do things they are not, nor be reckless about giving that impression
• use information for any purposes other than the investigation or inquiry.