🇦🇺FAIR WORKF42

Application for order about right of entry

This form is used to apply for an order regarding the right of entry to a workplace. It is typically used when there are disputes about whether a person has the legal right to enter a workplace for specific purposes.

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Form Overview

Application for order about right of entry

The form captures information about the proposed entry, the purpose of entry, the parties involved, and the specific order being sought from the Fair Work Commission.

Risk Radar

Failing to clearly state the legal basis for the claimed right of entry is the most common mistake that leads to delays or rejection.
Incomplete or inaccurate information about the parties involved
Missing supporting documentation
Not specifying the exact purpose of entry clearly
Missing the legal basis for the claimed right of entry

Plain English

The F42 form helps resolve disagreements about who can legally enter a workplace and under what conditions. It's used when someone believes they have a right to enter a workplace but the employer or property owner disagrees.

Submission Date

There is no strict deadline for submitting this form, but it should be filed as soon as possible after the dispute arises to ensure timely resolution.
Preparation window: collect IDs, supporting records, and signatures in advance.
Final review: verify names, dates, and required fields before submission.

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Glossary Terms

resolve apply right

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Quick Facts

This form should be filed by individuals or organizations who believe they have a legal right to enter a workplace but are being denied entry, or by employers who believe entry is being sought without proper authority.

The form captures information about the proposed entry, the purpose of entry, the parties involved, and the specific order being sought from the Fair Work Commission.

Submit this form when there is a dispute about the right of entry to a workplace, or when entry has been denied and you believe it should have been permitted.

The form can be submitted through the Fair Work Commission's online portal, by mail to the Fair Work Commission, or in person at their offices.

Submitting this form correctly helps ensure the Fair Work Commission has all necessary information to make a fair and informed decision about the right of entry dispute.

Complete all sections of the form with accurate information about the parties involved, the proposed entry, and the specific order you're seeking. Attach any relevant supporting documents and submit through the preferred method. Keep a copy of your submission for your records.

What this form is for

• Use this form when entry to a workplace has been denied and you believe you have legal right to enter
• Use when there is a dispute about the conditions under which entry should be permitted
• Use when seeking clarification from the Fair Work Commission about entry rights
• Use when formalizing an agreement about entry rights between parties
• Not for general employment disputes unrelated to entry rights

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Union seeking entry for workplace bargaining	F23 - Application for bargaining orders	Different purpose, focuses on bargaining rights	Check if your issue is specifically about bargaining
Entry for health and safety purposes	WHS entry forms through WorkSafe	Different regulatory framework	Check if your issue is specifically about health and safety
Entry for inspection purposes	F38 - Application for entry permit	Different purpose and process	Check if you need a general permit rather than a specific order
Entry for industrial dispute resolution	F44 - Application for orders about industrial action	Different purpose, focuses on dispute resolution	Check if your issue is specifically about industrial action

Deadline or filing window

There is no strict deadline for submitting this form, but it should be filed as soon as possible after the dispute arises to ensure timely resolution.

Before you submit

• All sections of the form are completed
• Names and contact details of all parties are accurate
• The specific purpose of entry is clearly stated
• The legal basis for entry is properly explained
• Supporting documents are attached
• A copy is kept for your records
• The correct submission method is used
• Any required fees are paid

How to file this form

1Obtain the latest version of the F42 form from the Fair Work Commission website
2Complete all sections with accurate information about the parties and the entry dispute
3Gather any supporting documents that validate your claim or position
4Submit the completed form through your preferred method (online, mail, or in person)
5Keep a copy of your submission and any acknowledgment received
6Await communication from the Fair Work Commission about next steps

Known limitations

• This form cannot be used to bypass normal entry procedures when no dispute exists
• It does not provide immediate entry rights; the Fair Work Commission must first make an order
• The form is not for resolving general employment disputes unrelated to entry rights
• It may not be appropriate for urgent entry situations requiring immediate action

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Current Form Status

This form is current and in use as of the latest Fair Work Commission guidelines. No recent major changes have been reported, but always check the Fair Work Commission website for the most up-to-date version.

Agency: Fair Work Commission