Reminder: Right of entry exemption certificates and permit conditions in effect from 1 July 2024

There are new rules for right of entry permits and exemption certificates that come into effect from 1 July 2024.

A right of entry exemption certificate allows a permit holder to forgo giving an employer the required notice for a permitted visit if they’re investigating a suspected breach of the Fair Work Act or a related instrument. These certificates are issued by the Fair Work Commission (the Commission).

Unions can apply for an exemption certificate from the Commission in certain circumstances to waive the 24 hours’ notice requirement for entry. This will now be permitted where the Commission:

• is satisfied that the suspected contravention is an underpayment of a union member
• reasonably believes giving advance notice of the entry would prevent an effective investigation into that contravention.

The Commission will also have the power to:

• put conditions on right of entry permits and exemption certificates to ensure they’re used appropriately within the law
• protect permit holders from improper conduct by others.

For more information about your rights and obligations relating to Right of Entry, reach out to the Workplace Relations and Legal team on 02 6175 5900.