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WHS right of entry disputes

Any party to the dispute may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute. 

If there is a dispute about a right of entry an application to QIRC can be made by the permit holder, the union, the regulator, the business owner, the person who requested the WHS entry permit holder to visit the work site, or any other person affected by the WHS issue. 

The Commission may deal with the dispute in any manner it thinks fit, including by means of mediation, conciliation or arbitration. If dealing with the dispute through arbitration the Commission may order one or more of the following in relation to a WHS entry permit:

  • impose conditions
  • suspend or revoke the WHS entry permit
  • impose requirements for the future issue of a WHS entry permit to one or more persons 
  • any other order considered appropriate.

Making a Dispute application

To notify the Commissioner of a WHS right of entry dispute please complete Form 73 - Application to deal with a dispute about right of entry

The Commission will them hold a conciliation conference with the parties in an attempt to resolve the issue. If the dispute cannot be resolved then the dispute can be referred for arbitration, after whihc a member of the commissioner will make a decision that will bind all parties to the dispute. 

Urgent after-hours matters: If the Registry is closed and you wish to notify the Industrial Registrar of an urgent WHS entry dispute you should call the after-hours and weekend phone number on 0466 745 897.

Last updated 30 September 2020