Apply to be exempt from providing an entry notice (Form F44)

Use Form F44 for your organisation to apply for a certificate which will exempt it from needing to provide an entry notice before entering a workplace or business premises to investigate a suspected breach of workplace laws.

On this page:

Before you start
Who can use this form
Apply now
What happens next?
Rules and regulations for this form

An exemption certificate can be issued by the Commission if:

advance notice of the entry might result in evidence being destroyed, concealed or altered, or
the suspected breach involves underpayment and advance notice of the entry would hinder an effective investigation.

Before you start

Have this information ready before you begin. You will need to tell us:

your details
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of the employer
the details of the premises to be entered
the industry of the employer
the proposed date of entry
the suspected breaches of the Fair Work Act or other instrument.
why you think the Commission should issue a certificate.

Who can use this form

Use Form F44 if your organisation wishes to apply for an exemption certificate.

Apply now

Email your application to lodge@fwc.gov.au.

You can also send or deliver your document to the Commission office near you.

We store your information in line with our Privacy policy.

Form F44 (doc) – Application for an exemption from the requirement to provide an entry notice Form F44 (pdf) – Application for an exemption from the requirement to provide an entry notice

What happens next?

After we receive your application, we will contact you to explain the next steps in the process.

Rules and regulations for this form

Fair Work Act 2009: Section 519