Part 7 of the Model Work Health and Safety Act (Model Act) confers a number of rights of entry onto authorised union officials (who have been issued with a WHS entry permit). These rights of entry help give effect to some of the objects of the Model Act, which are set out in s 3(1)(c) and include the following:

(c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment …

In addition to the function of consulting with and advising workers, WHS entry permits perform an important compliance function – helping to ensure that where there are suspected contraventions of the Act, these are addressed quickly and informally.

A WHS entry permit is a mechanism to allow authorised union officials entry into workplaces for purposes associated with work health and safety, under specific conditions imposed by, or under, the Model Act.

WHS entry permits may be issued by the “authorising authority” for the relevant jurisdiction to an official of a union, on application. Applicants need to satisfy certain criteria, such as having completed prescribed training requirements.

Permits to allow certain union officials to enter workplaces for prescribed industrial purposes can be issued under the Fair Work Act 2009 (Cth) or under state or territory industrial relations legislation. Only a WHS entry permit holder can enter a workplace, however, in order to inquire into a suspected contravention of the WHS Act.

A WHS entry permit holder must also hold an entry permit issued under the Fair Work Act or relevant state or territory law, and comply with the rules which govern that entry permit.

See WHS entry permits: introduction.

There are a number of terms found in the Model Act relating to WHS entry permits, such as “authorising authority”, “official of a union”, “relevant state or territory industrial law” and “relevant worker”.

See Key terms in respect of WHS entry permits.

The Model Act provides a 3 year limit on the life of a WHS permit (though allowing for renewal) and for circumstances where misuse of a WHS permit can result in the suspension or revocation of that permit.

Where there are grounds for application to revoke a WHS entry permit, the following process will be followed:

• Application.

• Notice of application to WHS entry permit holder.

• Show cause notice to WHS entry permit holder.

• Decision.

See Loss of WHS entry permits.

Division 8 of Pt 7 of the Model act sets out a number of general provisions dealing with the administrative aspects of the WHS entry permit scheme, including requirements in relation to:

• the return of WHS entry permits;

• the provision of information by the relevant union; and

• the publication of a register of WHS entry permit holders.

See Miscellaneous provisions relating to WHS entry permits.