During the process to create or vary an enterprise agreement, a bargaining representative may apply for a serious breach declaration. They can do this when another representative harms the process by breaking a bargaining order. Apply using Form F33.
Introduction
On this page:
Content
Before you start
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.
Who can use this form
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.
Apply now
Content
Lodge this application and a copy of the relevant bargaining orders with the Commission.
Email your documents to melbourne@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.
We store your information in line with our Privacy policy.
What happens next?
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.
Rules and regulations for this form
Fair Work Act 2009: Section 234
Fair Work Commission Rules 2013: Rule 30