Declaration to support a protected action ballot order (Form F34B)

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 enterprise agreement OR
• two or more bargaining representatives acting together.

You cannot use this form for a greenfields or a cooperative workplaces agreement.

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 cover the employees
• whether there are any current suspension or termination orders, intractable bargaining declarations or serious breach declarations in relation to the proposed agreement
• the date of notification for the proposed agreement
• the details of how you have been trying to reach agreement with the employer, and
• the details of any unresolved disputes relating to coverage.

You must send (serve) a copy of your application to:

• the employer of the employees who are to be balloted AND
• the protected action ballot agent you have specified in your application.

You must do this within 24 hours of lodging the application.

We store your information in line with the Form F34B privacy notice (pdf).

After we receive your application, we will decide whether to make a protected action ballot order.

If we make the order, we will also make a second order directing all the bargaining representatives to attend a compulsory conciliation conference. The conference will be scheduled before the closing date of the ballot.

We will contact you if we need any more information, or to let you know what we decide.

Fair Work Act 2009: Section 437

Fair Work Commission Rules 2024: Rule 76