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.
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.