From Clayton Utz

Both those with an entry permit and employers have obligations in how the right to entry is exercised.

A union official who holds a Work Health and Safety (WHS) entry permit and a Fair Work Act 2009 permit is permitted to enter workplaces to:

  • inquire into suspected work health and safety (WHS) contraventions that affect or relate to relevant workers (ie. a worker who is a member, or eligible to be a member of the union the WHS entry permit holder represents, whose industrial interests that union is entitled to represent and who works at the workplace entered);
  • inspect employee records or information held by another person, or
  • consult and advise relevant workers who wish to participate in discussions about WHS matters.


However, as detailed below, a WHS entry permit does not give union officials an unconditional right of entry into workplaces.

When and where can rights be exercised?

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