🇦🇺FAIR WORKF32

Application for serious breach declaration

The F32 form is an application made to the Fair Work Commission requesting a declaration that a serious breach of workplace laws has occurred. This form is used when a party believes there has been a significant violation of workplace legislation, awards, or agreements that requires formal recognition.

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Form Overview

Application for serious breach declaration

The form captures details about the alleged serious breach, including information about the parties involved, the nature of the breach, relevant legislation, and evidence supporting the claim.

Risk Radar

The most common mistake is not providing enough evidence to prove the breach was 'serious' as defined by the Fair Work Act.
Missing the time limit for submitting the application
Providing insufficient evidence of the serious breach
Incorrectly identifying the relevant legislation or award
Failing to properly serve the application on all relevant parties

Plain English

This form helps you ask the Fair Work Commission to officially recognize when someone has seriously broken workplace rules. It's not for minor issues but for serious problems like major safety violations or significant breaches of employment agreements.

Submission Date

Applications for serious breach declarations generally need to be filed within a specific time after becoming aware of the breach, though exact timeframes may vary depending on the circumstances.
Preparation window: collect IDs, supporting records, and signatures in advance.
Final review: verify names, dates, and required fields before submission.

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Glossary Terms

significant alleged breach safety

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Quick Facts

This form should be completed by an employer, employee, or representative who believes a serious breach of workplace laws has occurred and requires formal declaration by the Fair Work Commission.

The form captures details about the alleged serious breach, including information about the parties involved, the nature of the breach, relevant legislation, and evidence supporting the claim.

Submit this form as soon as possible after becoming aware of the serious breach, as there may be time limits for making such applications to the Fair Work Commission.

The form can be submitted through the Fair Work Commission's online portal, by mail to the appropriate Fair Work Commission office, or possibly in person at a Commission registry.

Submitting this form correctly and promptly ensures your serious breach claim is properly considered by the Fair Work Commission, while errors or delays could result in your application being dismissed or delayed.

Complete all sections of the form with accurate information about the alleged breach, attach relevant evidence, and ensure it is signed before submission. If you're unsure about any section, consider seeking advice from the Fair Work Commission's information services or a workplace relations professional.

What this form is for

• Use this form for serious breaches of workplace legislation, not minor disputes
• This form is specifically for seeking a declaration of a serious breach, not for resolving general workplace disputes
• Consider other Fair Work forms if you're seeking remedies like compensation or orders, rather than just a declaration
• This form may not be appropriate for breaches handled by other bodies like WorkSafe

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Minor workplace dispute	Fair Work Commission Form F23 - Application	For general disputes that don't meet the threshold of a serious breach	Check if your issue is serious enough for a declaration
Unfair dismissal claim	Fair Work Commission Form F72 - Application	For dismissal-related matters that may involve serious breaches but require different processing	Consider if your dismissal involves a serious breach that needs declaration
Breach of enterprise agreement	Fair Work Commission Form F33 - Application	For specific breaches of enterprise agreements that may not meet the serious breach threshold	Verify if your breach qualifies as serious under legislation
Workplace health and safety incident	WorkSafe Victoria report form	For safety incidents that may be investigated by WorkSafe rather than Fair Work	Determine if the safety breach also constitutes a serious workplace breach

Deadline or filing window

Applications for serious breach declarations generally need to be filed within a specific time after becoming aware of the breach, though exact timeframes may vary depending on the circumstances.

Before you submit

• All required sections of the form are completed
• Evidence supporting the serious breach claim is attached
• The correct application fee has been paid or exemption claimed
• The form has been properly signed and dated
• All relevant parties have been correctly identified
• The application has been served on all other parties involved

How to file this form

1Obtain the latest version of Form F32 from the Fair Work Commission website
2Complete all sections with accurate information about the alleged serious breach
3Gather and attach relevant evidence supporting your claim
4Pay the required application fee or apply for an exemption
5Sign and date the completed form
6Submit the form through the Fair Work Commission's online portal, by mail, or in person
7Ensure all other parties receive a copy of the application

Known limitations

• This form only seeks a declaration of a serious breach, not remedies like compensation
• The Fair Work Commission may not accept applications for breaches that are better handled by other bodies
• The Commission has discretion to determine if a breach qualifies as 'serious' under the legislation
• Time limits may apply to when this application can be submitted

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Current Form Status

Not confirmed in official source

Agency: Fair Work Commission

What changed or needs a fresh check

• Check if there have been recent changes to workplace legislation that affect what constitutes a serious breach
• Verify the current version of the form matches the latest Fair Work Commission requirements
• Ensure contact details for the Fair Work Commission are up to date
• Confirm if any new evidence requirements have been added to the form

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