Apply for an affected member certificate (Form F45)

A union may apply to the Commission for an affected member certificate so that they do not need to provide the identity of a member of the union where an entry permit holder enters premises to investigate a suspected breach of workplace laws.

On this page:

Who can use this form
Before you start
Apply now
What happens next?
Rules and regulations for this form

Who can use this form

Use Form F45 if your union wishes to apply for an affected member certificate under section 520 of the Fair Work Act 2009.

Before you start

Have this information ready before you begin. You will need to tell us:

your details
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of the employer
the premises to be entered
the industry of the employer
the names of and the work performed by the members to be covered by the certificate
the details of the suspected breach of workplace laws.

We store your information in line with the Form F45 privacy notice (pdf).

Apply now

Email your application to lodge@fwc.gov.au. You can also send or deliver your document to the Commission office near you.

You must provide a statutory declaration with Form F45. The statutory declaration must include:

the factual basis and circumstances of the suspected breach of the Fair Work Act or fair work instrument
why you are entitled to represent the relevant member(s)
evidence that the persons identified as members in the application are member(s) of the union and perform work at the named premises.

Form F45 (doc) - Application for an affected member certificate Form F45 (pdf) - Application for an affected member certificate

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 520