Apply for a serious breach declaration (Form F33)

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

• your contact details as a bargaining representative for a proposed enterprise agreement
• your representative's details, such as a lawyer or paid agent (if you are using one)
• details of the bargaining representative your application is against
• details of any other bargaining representatives you are aware of
• a copy of any bargaining orders you believe the representative has breached
• the facts and circumstances you believe are important to support your application
• details of any help provided by the Commission to resolve this dispute, and the result.

Only use this form if:

• you are a bargaining representative for a proposed enterprise agreement AND
• one or more bargaining representatives have broken a bargaining order in a way that is serious enough to undermine the process.

As soon as possible, you must also send (‘serve’) a copy of this application and documents to:

• the bargaining representative who is the respondent you named in the application
• any other bargaining representative you are aware of.

Fair Work Act 2009: Section 234

Fair Work Commission Rules 2013: Rule 30