Can a union enter my workplace for safety reasons?

Yes, in limited circumstances. A WHS entry permit holder (a union official issued a WHS entry permit) may enter a workplace to inquire into a suspected contravention of the work health and safety laws that affects a worker the union is entitled to represent (s117 of the model WHS Act), or to consult and advise those workers about work health and safety (s121). They must hold a valid WHS entry permit, carry it and produce it on request, and comply with reasonable site requirements such as inductions and personal protective equipment. Victoria (Occupational Health and Safety Act 2004) and Western Australia (Work Health and Safety Act 2020 (WA)) run their own entry regimes.

Does a WHS entry permit holder have to give notice before entering?

It depends on the purpose. To inquire into a suspected contravention, no advance notice is required — this is deliberate, so that evidence is not concealed before the permit holder arrives. They must instead give notice of the entry and the suspected contravention as soon as is reasonably practicable after entering (s119 and s120 of the model WHS Act). To consult and advise workers on WHS, advance notice is required: the permit holder must give an entry notice at least 24 hours but not more than 14 days before the entry (s121 and s122).

What can a WHS entry permit holder do once they are inside?

For a suspected contravention they may inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention, consult workers and the person conducting the business or undertaking, inspect and copy documents directly relevant to the suspected contravention, and warn any person they reasonably believe is exposed to a serious risk to health or safety from an immediate or imminent exposure to a hazard (s118 of the model WHS Act). For a consult-and-advise entry they may consult with and advise the relevant workers and warn of serious risks. They must not unreasonably disrupt work.

Is WHS right of entry the same as Fair Work right of entry?

No. WHS right of entry comes from the work health and safety laws (model WHS Act Part 7) and is about safety. Fair Work right of entry comes from Part 3-4 of the Fair Work Act 2009 (Cth) and lets a permit holder enter to investigate a suspected Fair Work contravention, to hold discussions with workers, or to deal with occupational health and safety under a state or territory law. The two regimes have different purposes, notice rules and powers. Many union officials hold both a WHS entry permit and a Fair Work entry permit, but you should not assume someone relying on one can use the powers of the other.

Does Victoria have different WHS right of entry rules?

Yes. Victoria is not part of the harmonised WHS scheme. Authorised representatives of a registered employee organisation enter workplaces under the Occupational Health and Safety Act 2004 (Vic), which has its own entry-permit rules, notice requirements and powers that differ from the model WHS Act sections. Western Australia adopted a modified version of the model laws under the Work Health and Safety Act 2020 (WA). If your workplace is in Victoria or Western Australia, treat the model WHS Act position as a guide only and check the rules that apply there.

WHS Entry Permit & Right of Entry Checker

Check when a WHS entry permit holder can enter a workplace, the notice required, and what they can do — and how it differs from Fair Work right of entry.

Last verified: 21 June 2026

A WHS entry permit holder can enter a workplace to inquire into a suspected work health and safety contravention (s117 of the model WHS Act) or to consult and advise workers on WHS (s121). No advance notice is required for a suspected contravention — they notify as soon as practicable after entering (s119) — while a consultation entry needs 24 hours' to 14 days' notice (s122). This is separate from Fair Work right of entry under Part 3-4 of the Fair Work Act 2009.

Check WHS entry permit rights and right of entry

Tell us who you are and why entry is sought. This tool explains when a WHS entry permit holder may enter a workplace, the notice required, what they can do, and how it differs from Fair Work right of entry. This is general information, not legal advice.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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