Official form guide
Form F32: Application for serious breach declaration
Form F32 is the Fair Work Commission’s application to obtain a bargaining order for a proposed enterprise agreement. Use it when you need the Commission to require an employer to bargain.
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Form Overview
Fair Work Commission Form F32 - Application for serious breach declaration
Form F32 is the Fair Work Commission’s application to obtain a bargaining order for a proposed enterprise agreement. Use it when you need the Commission to require an employer to bargain.
Risk Radar
Scan points- 1Most applications are rejected because the required written notice to bargaining representatives is missing.
- 2Missing the 90‑day filing window
- 3Failing to attach the written notice to bargaining representatives
- 4Incorrect or incomplete ABN/ACN details
- 5Not signing or providing an authorised signature
Plain English
If you’re a bargaining representative and want the Commission to tell an employer to start bargaining, you fill out this form. It asks for your details, the employer’s details and the agreement you’re talking about.
Submission Date
- Filing date: File the form no more than 90 days before the latest nominal expiry date of the relevant agreement, or after the employer has asked employees to approve the agreement but before the agreement is approved.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when you have given a written notice to bargaining representatives about good‑faith bargaining concerns and they have not responded appropriately.
- Apply if you need the Commission to order an employer to bargain on a proposed enterprise agreement.
- Only valid if the application is made within the timing windows (≤90 days before the latest nominal expiry or after the employer requests employee approval but before approval).
- Cannot be used for a proposed multi‑enterprise agreement unless a low‑paid authorisation is already in place.
- Suitable whether you are the applicant themselves or an authorised representative.
Form selector
Use this form or another form?
Need to notify the Commission of a lawyer or paid agent
Required before a lawyer/paid agent can appear at a conference or hearing
✓ Verify you have lodged Form F53 first
Form F53 – Notice of representation
Applying for a low‑paid authorisation for a multi‑enterprise agreement
May be a separate authorisation form
✓ Check the Fair Work Commission portal for the correct form
Requesting the form in another language or accessible format
No separate form needed; indicate preference on the cover sheet
✓ Confirm language option is selected before lodging
Request on Form F32 (language assistance section)
Deadline or filing window
The application must be lodged within the 90‑day window before the latest nominal expiry of any applicable enterprise agreement, or after the employer’s request for employee approval but before the agreement is approved.
Before you submit
- 1Copy of the written notice to bargaining representatives is attached.
- 2List of all bargaining representatives who received the notice, with dates.
- 3Details of all enterprise agreements that will be covered, including nominal expiry dates.
- 4Authority to sign field completed correctly (Applicant or Representative).
- 5Signature (or typed name) and date entered.
- 6Any supporting documents (e.g., evidence of reasonable time given).
- 7Chosen filing method (email to [email protected], post, or in‑person).
- 8Service copies prepared for each respondent and other bargaining representatives.
- 9If using a lawyer or paid agent, confirm Form F53 has been lodged and permission sought.
- 10Retain a copy of the completed form for your records.
How to file this form
- 1Gather the written notice, list of representatives, enterprise agreement details and any supporting evidence.
- 2Complete the F32 form, including authority to sign and language‑assistance option.
- 3Lodge the form and all attachments by email ([email protected]), post, or in‑person at the state/territory office.
- 4Serve a copy of every lodged document on each respondent and any other bargaining representative (email, express or registered post).
- 5Keep a dated copy of the lodged form and proof of service for your records.
Known limitations
- 1Cannot be used for a proposed multi‑enterprise agreement without an existing low‑paid authorisation.
- 2A copy of the written notice must accompany the application; omission will delay processing.
- 3Application must fall within the specific timing windows; otherwise the Commission may reject it.
- 4Representation by a lawyer or paid agent requires a separate Form F53 and permission from the Commission.
- 5Electronic signatures are accepted only as a typed name; a digital signature file is not required.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form F32 is the approved Fair Work Commission form for applying for a bargaining order, effective from 17 September 2025.
What changed or needs a fresh check
- Check the approval date – form version effective from 17 Sep 2025.
- Confirm any new references to Rule 13(2) of the Fair Work Commission Rules 2024.
- Verify the electronic signature wording – type name if no e‑signature is available.
- Review the language‑assistance tick‑box on the cover sheet.
- Ensure the timing guidance reflects the latest 90‑day rule for multiple agreements.
Quick Facts
Downloads & source
Sources
- SRCTiming of application (≤90 days before nominal expiry or after employer request)confirmed p.2.
- SRCRequirement to attach a copy of the written noticeconfirmed p.2 and p.8.
- SRCLodging options (email, post, in‑person)confirmed p.2.
- SRCService methods (email, express post, registered post)confirmed p.2.
- SRCRepresentation notice requirement (Form F53)confirmed p.3.
- SRCAuthority to sign wording for applicant vs representativeconfirmed p.10.
- SRCForm approval date (17 Sep 2025)confirmed p.4.
- SRCLow‑paid authorisation condition for multi‑enterprise agreementsconfirmed p.1.
Common confusion points
Whether the 90‑day period starts from the latest expiry date when multiple agreements exist.
What constitutes a "reasonable time" given to bargaining representatives to respond.
Who qualifies as the "Applicant" versus a "Representative" for the authority to sign field.
If an electronic signature is acceptable or if a typed name suffices.
When a separate Form F53 is needed for lawyer or paid‑agent representation.
Whether the form can be used for a multi‑enterprise agreement without checking low‑paid authorisation.
How to correctly serve documents to multiple bargaining representatives.
Choosing the correct language‑assistance option on the cover sheet.
Source transparency
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