Industrial Relations Commission of NSW

Right of Entry

In accordance with the Industrial Relations Act 1996 the Industrial Registrar may, on application, issue an instrument of authority to an officer or employee of an industrial organisation of employees.

Checklist - The Industrial Registrar requires that the application:

✔   be made on the letterhead of the industrial organisation of employees registered under the hand of the Secretary;

✔   state the name of the person to whom the authority is sought to be issued;

✔   give an address at which that person may be found (such address may be the registered office of the industrial organisation)

State either:

•   that person is an employee of the industrial organisation of employees registered, OR

•  that person is an officer of the industrial organisation of employees registered; if so, the letter must identify which rule of the industrial organisation's Rules creates the office to which that officer has been elected in accordance with the Industrial Relations Act 1996

•  be accompanied by a recent, passport-sized photograph of the person for whom the authority is sought.

Surrender of Entry Authorities for Cancellation

The Industrial Relations Act 1996 requires that a person to whom an authority has been issued must return the authority to the Industrial Registrar for cancellation if that person ceases to be an officer or employee of the industrial organisation of employees concerned.

Entry and inspection by officers of industrial organisations

For further information relating to entry and inspection by officers of industrial organisations please refer to the Industrial Relations Act 1996.

Work Health and Safety Permits

In accordance with the Work Health and Safety Act 2011 a Union may apply to the Commission (as the authorising authority) for the issue of a WHS entry permit to a person who is an official of the union.

Checklist - The Industrial Registrar requires that the application:

✔  The application must specify the person who is to hold the WHS entry permit and include a statutory declaration by that person declaring that they are an:

✔  an official of the union, and

✔  has satisfactorily completed the prescribed training, and

✔  holds, or will hold, an entry permit under the Fair Work Act or the Industrial Relations Act 1996.

A WHS entry permit has effect for a term of 3 years from the date it is issued.

Surrender of Permits for Cancellation

The WHS entry permit must be returned to the Industrial Registrar within 14 days if the permit is revoked or suspended or if the permit expires.

Replacement Authorities

Application for the issue of replacement Entry Authority should be supported by a statutory declaration which confirms the loss or destruction of the original.

The Register of Permit holders

The Commission keeps up to date register of WHS permit holders Register of WHS entry permit holders. Register of WHS entry permit holders

For further information relating to WHS permit holders please refer to the Work Health and Safety Act 2011.