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
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.
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.
We store your information in line with our Privacy policy.
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