Bargaining representatives must follow certain rules when creating a new enterprise agreement. If they do not, another representative can apply for a bargaining order. Use Form F32 to apply.
On this page:
Before you start
Have this information ready before you begin Form F32. You will need to give us:
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the name and contact details of the person who should respond (the person you want an order against)
- the name and contact details of any other bargaining representatives
- the reasons (‘grounds’) for the application
- a copy of the written notice you gave the relevant representatives
- the date you gave the relevant representatives the written notice
- details of any majority support determination, scope order or low-paid authorisation in place
- what outcome you want from this application.
Who can use this form
Use this application to ask for an order if you believe:
- bargaining representatives have not met, or are not meeting, the good faith bargaining requirement OR
- the process is not efficient or fair because there are multiple bargaining representatives.
Who can use this form?
Only use Form F32 if:
- you already sent written notice about your concerns to the representative involved
- you are a bargaining representative for a single enterprise agreement, or for a proposed multi-enterprise agreement that has a low-paid authorisation
- you apply within 90 days of the agreement's nominal expiry date or during the voting period of the proposed agreement.
Fill out the application. If you have supporting documents, you should send them at the same time.
Email your documents to firstname.lastname@example.org.
You can also send or deliver your documents to the Commission office near you.
What happens next?
After you apply, you must give (‘serve’) a copy of your application and any supporting documentation to:
- each respondent in the application
- any other bargaining representative.
Do this as soon as possible after you lodge the application with the Commission.
Rules and regulations for this form
Fair Work Act 2009: Section 229
Fair Work Commission Rules 2013: Rule 28