Introduction
If you are applying for a protected action ballot order, you must send us a declaration to support the application. Fill out Form F34B and send it when you apply.
On this page:
Content
Before you start
Have this information ready before you begin. You will need to tell us:
- your details as the person making the declaration
- the name and nominal expiry date of any enterprise agreements which currently covers the employees
- whether there are any current suspension or termination orders, or serious breach declarations in relation to this proposed agreement
- the date of notification for the proposed agreement
- the details of how you have been trying to reach agreement with the respondent.
Who can use this form
Use this form if:
- you are applying for a protected action ballot order (Form F34).
You must be:
- a bargaining representative of an employee who will be covered by the proposed single-enterprise agreement OR
- two or more bargaining representatives acting jointly.
You cannot use this form for a greenfields or multi-enterprise agreement.
Lodge now
Content
Lodge this declaration at the same time as Form F34. You must also lodge a draft order in Word format.
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?
You must send ('serve') a copy of your application to:
- the employer of the employees who are to be balloted AND
- the Australian Electoral Commission (or another specified ballot agent).
You must do this within 24 hours.
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 437
Fair Work Commission Rules 2013: Rule 31