Introduction
For industrial action to be allowed it must be covered by a protected action ballot. Use Form F35 to apply to the Commission for a variation to a protected action ballot order.
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Who can use this form
Use this form to apply to vary a protected action ballot order if you are:
- a bargaining representative who has lodged an application for a protected action ballot order and you wish to vary the order OR
- a ballot agent and you wish to change the date that voting closes.
Before you start
Have this information ready before you begin. You will need to tell us:
- your details
- your organisation's details (if you are applying on behalf of an organisation)
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the details of the employer(s) who will be covered by the proposed agreement
- the details of the protected action ballot order related to this application
- the details of the variation sought.
We store your information in line with the Form F35 privacy notice (pdf).
Apply now
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Email your application to lodge@fwc.gov.au. You can also send or deliver your document to the Commission office near you. You must also provide a copy of the protected action ballot order.
The application can be lodged before the voting period closes or after the voting period if the ballot has not been held and the Commission agrees.
You must send (serve) a copy of your application to the respondents and the Australian Electoral Commission (or an alterative ballot agent if specified). If an independent advisor has been appointed, you must send them a copy of the application.
You must do this as soon as possible.
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 447
Fair Work Commission Rules 2024: Rule 76