Apply to hold a protected action ballot (Form F34)

Use Form F34 if you are applying for a protected action ballot order.

You must be:

• a bargaining representative of an employee who will be covered by a proposed enterprise agreement, OR
• two or more bargaining representatives acting together.

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

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 the employer(s) who will be covered by the proposed agreement
• the industry of the employer
• about any agreements that currently cover the employees
• which employees are to be balloted
• the ballot questions
• the date the vote is to close
• who you want appointed as the ballot agent
• the directions the Commission should give to the ballot agent.

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 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 our 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, Section 448A

Fair Work Commission Rules 2013: Rule 31