Eligible protected action ballot agents

There are rules about who can conduct protected action ballots.

On this page:

A protected action ballot can only be held by an eligible protected action ballot agent unless there are exceptional circumstances.

An eligible protected action ballot agent is either:

  • the Australian Electoral Commission (AEC), or
  • another person we have approved as a protected action ballot agent.

If the AEC holds the protected action ballot, the Australian Government pays for it. 

If the applicant for the protected action ballot order wants to use another ballot agent, they must pay the full cost to that agent. 

Applying to be an eligible agent

To apply to be an eligible protected action ballot agent, use Form F34C – Apply for approval as an eligible protected action ballot agent.

We can approve an application if we are satisfied the person is a fit and proper person to be an eligible protected action ballot agent.

Eligible agent applications in progress

Interested parties can make a submission about whether a proposed agent is a fit and proper person to be an eligible protected action ballot agent. Please make your submission before the listed closing date.

To make a submission, email bargainingsupport@fwc.gov.au.

Privacy – We collect information from you, including personal information that you provide about yourself and others, when you make a submission. For more details on our collection, use and disclosure of this information, please see the Privacy notice – Submissions in relation to protected action ballot agent applications.

There are currently no eligible agent applications in progress.

List of eligible protected action ballot agents

The following is a list of current eligible protected action ballot agents:

Review of approved eligible protected action ballot agents

 At least every 3 years after an eligible protected action ballot agent is approved, we must consider whether they continue to meet the requirements for approval. This is a requirement under the Fair Work Act 2009.

In early 2026, we reviewed 8 eligible protected action ballot agents who were due to be reviewed. As part of the review, we welcomed submissions from the agents and interested parties. Deputy President Hampton, National Practice Leader for Bargaining, issued a decision on 11 May 2026 to finalise this review. The review involved the confirmation of all but one of the ballot agents that were reviewed. 

You can read the Deputy President’s decision [2026] FWC 930, as well as statements made to announce and commence the review. 

We will complete further reviews of eligible protected action ballot agents and their approval as required by the Fair Work Act in the future.

More information

Fair Work Act 2009: Section 468A

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