When there is a disagreement, an application can be made to the Commission for an order to decide which employees an organisation can represent.
On this page:
Before you start
Have this information ready before you begin. You will need to tell us:
- your details
- your representative's details, such as a lawyer or paid agent (if you are using one)
- whether there is a disagreement about an organisation representing employees
- whether there are any orders currently in place
- the details of the orders sought
- the names of any organisations who may have an interest in the application
- whether the group of employees relates to a genuine new enterprise
- the history of award coverage of the employees
- whether the employees support the proposed orders sought
- to what extent, and in what way, the employees are currently represented
- whether there is any agreement or understanding dealing with the rights of any union to represent the employees.
Who can use this form
Use Form F71 if you are:
- a union, transitionally recognised association or recognised State-registered association
- an employer
- the Minister.
Email your application to email@example.com. You can also send or deliver your document to the Commission office near you.
You must send (‘serve’) a copy of your application to each union, transitionally recognised association, recognised State-registered association and employer listed in the application. You must do this as soon as possible.
What happens next?
You also must apply to the Commission for directions about the procedure to be followed in relation to service of the application.
You may need to send a copy of the application to any persons directed by the Commission.
Rules and regulations for this form
Fair Work (Registered Organisations) Act 2009: Section 137A
Fair Work Commission Rules 2013: Rule 50