In order to enter a workplace an EPH must hold:

  • a WHS entry permit, and
  • an entry permit under the Fair Work Act 2009 OR have a right of entry under the Fair Work Act 1994 (SA)[1].

Training

Union officials who would like to obtain an entry permit must undertake relevant training with a registered training organisation.

The training must cover[2]:

  • right of entry requirements under Part 7 of the Act
  • issue resolution requirements under the Act and Regulations
  • duties under, and the framework of the Act and Regulations
  • requirements for the management of risks under s17 of the Act
  • meaning of reasonably practicable as set out in s18 of the Act
  • relationship between the Act and the Regulations and the Fair Work Act 2009 (Cth) or Fair Work Act 1994 (SA).

Applying for an entry permit

Once a union official (or officials) has completed the required training, unions may apply to the South Australian Employment Tribunal (SAET) to grant their official(s) a WHS entry permit.

Union officials must follow strict procedures with penalties in place for any misuse of their entry rights.

SAET maintains a publicly available register of current WHS EPHs.

Expiry

Unless revoked, a WHS entry permit expires when one of the following occurs:

  • a period of 3 years elapses from the EPH date of issue
  • the EPH entry permit issued under the Fair Work Act expires
  • the EPH ceases to be an official of the union that applied for the permit
  • the union that applied for the WHS entry permit ceases to be an organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 (Cth), or
  • an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under the Fair Work Act 1994.

When a WHS entry permit expires, the person to whom it was issued must return the permit to the Commission within 14 days.

It is not possible to renew a WHS entry permit, but it is possible to apply for the issue of a subsequent WHS entry permit. The application may be made either before or after the expiry of a current WHS entry permit as per the instructions by SAET.

[1] Section 124(1) Work Health and Safety Act 2012 (SA). WHS civil penalty provisions apply.

[2] Section 25(1) Work Health and Safety Regulations 2012 (SA)