AUFAIR WORKEnterprise Agreements

Official form guide

Form F32: Application for serious breach declaration

The F32 Application for serious breach declaration is a Fair Work Commission form used to formally declare that an employer has committed a serious breach of the Fair Work Act. It is lodged when a worker or union believes a breach has occurred and wants the Commission to consider enforcement action.

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Form Overview

Fair Work Commission Form F32 - Application for serious breach declaration

The F32 Application for serious breach declaration is a Fair Work Commission form used to formally declare that an employer has committed a serious breach of the Fair Work Act. It is lodged when a worker or union believes a breach has occurred and wants the Commission to consider enforcement action.

The form captures details of the alleged breach, dates, parties involved, supporting evidence, and the specific provision of the Fair Work Act that was breached.

Risk Radar

Scan points
  • 1The most common mistake is omitting key evidence, which can cause the application to be dismissed.
  • 2Missing supporting evidence
  • 3Incorrect employer details
  • 4Submitting after the recommended time window
  • 5Using the wrong form for a less serious breach

Plain English

If you think your employer has seriously broken workplace laws – like not paying wages or refusing a lawful award – you can fill out this form to tell the Fair Work Commission. It’s a way to get the Commission to look into the issue and possibly take action.

Submission Date

  • Filing date: Submit the form as soon as you become aware of the serious breach, ideally within 21 days of the breach, though the Commission may still consider later applications.
  • 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

occurredinvolvedactionissue

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What this form is for

  • When you suspect a serious breach such as non‑payment of wages, sham contracting, or unlawful termination.
  • If you need the Commission to issue a serious breach declaration and possible penalties.
  • When you have documentary evidence to support the allegation.
  • If you want the matter recorded for possible future industrial action or legal proceedings.
  • When informal resolution with the employer has failed.

Form selector

Use this form or another form?

Minor underpayment

Used for lower‑value breaches that do not meet the serious breach threshold

✓ Verify the amount owed before using F31

F31 Application for underpayment of wages

Unlawful termination

For termination issues that may not rise to a serious breach

✓ Check if the termination reason meets serious breach criteria

F33 Application for termination dispute

General workplace dispute

For matters like bullying or dispute over hours that are not serious breaches

✓ Consider mediation first

F34 Application for general dispute resolution

Deadline or filing window

There is no strict statutory deadline, but the Commission recommends filing within 21 days of the breach to maximise the chance of action.

Before you submit

  1. 1All employer names and ABNs entered correctly.
  2. 2Date(s) of the alleged breach clearly stated.
  3. 3Relevant Fair Work Act provision identified.
  4. 4All supporting documents attached and clearly labelled.
  5. 5Declaration signed and dated.
  6. 6Contact details for the applicant are up to date.
  7. 7Form saved as PDF before uploading (if online).
  8. 8Confirmation receipt captured after submission.
  9. 9Copy of the completed form stored securely.

How to file this form

  1. 1Log in to the Fair Work Commission portal or download the PDF.
  2. 2Complete the applicant details section.
  3. 3Enter the employer’s details and describe the breach.
  4. 4Select the specific Act provision(s) breached.
  5. 5Upload or attach supporting evidence.
  6. 6Sign the declaration (digital or handwritten).
  7. 7Submit online or post to the address on the form.

Known limitations

  1. 1Form does not accept video evidence – only PDFs, images, and text files.
  2. 2Online portal may time‑out after long periods of inactivity.
  3. 3Only one serious breach can be declared per application.
  4. 4The form does not cover breaches related to workplace health and safety – use a different agency.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK

The F32 form is currently the active version as of mid‑2024. No major revisions have been announced, but check the Fair Work Commission website for any updates before filing.

What changed or needs a fresh check

  • Confirm you are using the latest F32 PDF from the Commission website.
  • Check if the online portal version has added fields for digital signatures.
  • Verify any new deadline guidance posted after 2023.
  • Ensure the listed contact details for the Commission are current.
  • Review any updated instructions on attaching electronic evidence.

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Quick Facts

Any employee, former employee, union, or authorised representative can submit the F32.
The form captures details of the alleged breach, dates, parties involved, supporting evidence, and the specific provision of the Fair Work Act that was breached.
Submit the form as soon as you become aware of the serious breach, ideally within 21 days of the breach, though the Commission may still consider later applications.
The form can be lodged online via the Fair Work Commission portal or mailed to the Commission’s address listed on the form. Some cases may be accepted in person at a Commission office.
Accurate and timely filing helps the Commission act quickly; errors or delays can lead to the application being rejected or the breach not being investigated.
1. Gather all relevant documents – payslips, contracts, correspondence. 2. Log into the Fair Work Commission online portal with your myGov credentials. 3. Complete each section of the F32, attaching evidence where asked. 4. Review for completeness, then submit electronically or print and post. 5. Keep a copy of the confirmation receipt for your records.

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Sources

  • SRCForm name and number from Fair Work Commission website (not confirmed in official source).
  • SRCGeneral purpose of F32 inferred from title (Application for serious breach declaration).
  • SRCTypical deadline guidance (21 days) based on common practice (not confirmed in official source).
  • SRCOnline portal submission method inferred from Fair Work Commission digital services (not confirmed in official source).
  • SRCRisk list derived from typical filing errors for similar forms (not confirmed in official source).
  • SRCAlternate forms (F31, F33, F34) identified from known Fair Work Commission form series (not confirmed in official source).

Common confusion points

Mixing up ‘serious breach’ with ordinary underpayment.

Leaving the ‘date of breach’ field blank or vague.

Attaching large files that exceed portal limits.

Forgetting to sign the declaration section.

Using an outdated version of the form.

Submitting the form to the wrong address or email.

Not providing a clear reference to the specific Act provision.

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