Changes to Right of Entry Exemption Certificates

From 1 July 2024, the Fair Work Commission (FWC) will have the authority to issue exemption certificates permitting union officials with valid entry permits to enter workplaces or business premises without prior notice.

These exemption certificates apply when:

• The suspected violation involves the underpayment of wages to a union member working on the premises, and
• FWC reasonably believes that giving advance notice would hinder an effective investigation.

When an exemption certificate is issued, the permit holder must provide a copy to any occupier or affected employer on the premises. The exemption certificate must specify:

• The premises being entered,
• The name of the union and any permit holders who can enter,
• The date or dates on which entry may occur, and
• Details of the suspected violation.

FWC has the authority to impose conditions or prohibit the issuing of exemption certificates related to suspected underpayments if entry rights are misused.

Need More?

The Workplace Relations and Legal Team can provide your team with tailored training and information on relating to Right of Entry including changes resulting from the Closing Loopholes reforms.

For more information reach out to the Workplace Relations and Legal team on 02 6175 5900.