Introduction
Only eligible protected action ballot agents can conduct protected action ballots, unless there are exceptional circumstances. Use Form F34C to apply for approval as an eligible protected action ballot agent.
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Who can use this form
Use this form if you want to apply for approval as an eligible protected action ballot agent.
Before you start
This form requires you to declare that your answers are true and correct. Giving false or misleading information is a serious offence.
You will need to tell us:
- the details of the proposed eligible protected action ballot agent (an individual or a company/industrial association)
- the details of proposed eligible protected action ballot agent’s representative (if there is one).
You will need to declare if the proposed eligible protected action ballot agent can:
- ensure the secrecy and security of votes cast
- ensure that any protected action ballot will be fair and democratic
- conduct any protected action ballot expeditiously.
If the proposed eligible protected action ballot agent is an individual, you will also need to declare that you are a fit and proper person to be an eligible protected action ballot agent.
If the proposed eligible protected action ballot agent is a corporation or an industrial association, you will also need to declare:
- who will carry out the functions of the proposed eligible protected action ballot agent
- if they are a fit and proper person to be an eligible protected action ballot agent
- the steps the proposed agent will take to ensure that only fit and proper persons will be involved in conducting protected action ballots.
We store your information in line with the Form F34C privacy notice (pdf).
Apply now
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Email your application to lodge@fwc.gov.au.
You can also send or deliver your application to the Commission office near you.
What happens next
While the application is in progress, we will publish the name of the proposed protected action ballot agent on the Eligible agent applications in progress list on our website. This is to give people an opportunity to express any views about whether the proposed agent meets the requirements to be an eligible protected action ballot agent.
We will contact you if we need any more information, or to let you know what we decide.
If the application is approved, the name of the eligible protected action ballot agent and the decision to approve the application will appear on our website.
Visit our Eligible protected action ballot agents page for more information.
Rules and regulations for this form
Fair Work Act 2009: Section 468A