Apply for a bargaining order (Form F32)

Have this information ready before you begin Form F32. You will need to give us:

• your representative's details, such as a lawyer or paid agent (if you are using one)
• the name and contact details of the person who should respond (the person you want an order against)
• the name and contact details of any other bargaining representatives
• the reasons (‘grounds’) for the application
• a copy of the written notice you gave the relevant representatives
• the date you gave the relevant representatives the written notice
• details of any majority support determination, scope order or low-paid authorisation in place
• what outcome you want from this application.

Use this application to ask for an order if you believe:

• bargaining representatives have not met, or are not meeting, the good faith bargaining requirement OR
• the process is not efficient or fair because there are multiple bargaining representatives.

Who can use this form?

Only use Form F32 if:

• you already sent written notice about your concerns to the representative involved
• you are a bargaining representative for a single enterprise agreement, or for a proposed multi-enterprise agreement that has a low-paid authorisation
• you apply within 90 days of the agreement's nominal expiry date or during the voting period of the proposed agreement.

After you apply, you must give (‘serve’) a copy of your application and any supporting documentation to:

• each respondent in the application
• any other bargaining representative.

Do this as soon as possible after you lodge the application with the Commission.

Fair Work Act 2009: Section 229

Fair Work Commission Rules 2013: Rule 28