For industrial action to be allowed, it must be covered by a protected action ballot. To apply for a protected action ballot order use Form F34.
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 he employer(s) who will be covered by the proposed agreement
- the industry of the employer
- about any agreements that currently covers the employees
- which employees are to be balloted
- the ballot questions
- the date the vote is to close
- whether you want someone other than the Australian Electoral Commission to be the ballot agent
- the directions the Commission should give to the ballot agent.
Who can use this form
Use Form F34 if you are:
- a bargaining representative of an employee who will be covered by a proposed single-agreement
- two or more bargaining representatives acting together.
Email your application to email@example.com. You can also send or deliver your document to the Commission office near you.
You must lodge your application no more than 30 days before the nominal expiry date of any existing agreement.
You must include with Form F34 a draft order in Word format and a Form F34B declaration.
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 of the application being lodged.
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 437
Fair Work Commission Rules 2013: Rule 31