If the Commission has suspended protected industrial action, you may apply for an order further extending the period of suspension in some circumstances. Apply for an extension using Form F38.
On this page:
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 person whom a serious breach declaration is sought ('respondent')
- the details of the suspension order.
Who can use this form
Use this form if you are:
- the person who made the application for the suspension order
- a person who could have applied for the suspension order.
Fill out the application. Attach the supporting documents we ask for.
Email your application to email@example.com. You can also send or deliver your document to the Commission office near you.
You must include a copy of the order to suspend protected industrial action with Form F38.
You must send (‘serve’) a copy of your application and supporting documents to each respondent named in 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 428
Fair Work Commission Rules 2013: Rule 32