Official form guide
Form F33: Application for low-paid bargaining authorization
Form F33 is the Application for an intractable bargaining declaration. Use it when you want the Fair Work Commission to declare bargaining on a proposed enterprise agreement as intractable.
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Form Overview
Fair Work Commission Form F33 - Application for low-paid bargaining authorization
Form F33 is the Application for an intractable bargaining declaration. Use it when you want the Fair Work Commission to declare bargaining on a proposed enterprise agreement as intractable.
Risk Radar
Scan points- 1Most people forget to serve copies of the application to the other bargaining representatives.
- 2Leaving out any other bargaining representative
- 3Providing a home address for an employee bargaining representative
- 4Not indicating whether the representative is a lawyer or paid agent
- 5Failing to serve copies to the other representatives after lodging
Plain English
If you’re the person negotiating a new enterprise agreement and you think bargaining has become stuck, this form asks the Commission to step in. It’s a short paper that tells the Commission who’s involved and what kind of agreement you’re trying to make.
Submission Date
- Filing date: Submit the form when you need an intractable bargaining declaration under section 234 of the Fair Work Act. Not confirmed in official source.
- 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
- When you need the Commission to declare bargaining on a proposed enterprise agreement as intractable.
- If the proposed agreement is not a greenfields agreement.
- If the agreement is a multi‑enterprise agreement that already has a supported bargaining authorisation or single‑interest employer authorisation in place.
- When you are a bargaining representative (or acting for one) and must detail all other bargaining representatives involved.
- When you need to lodge the application and then serve copies to the other bargaining representatives.
Form selector
Use this form or another form?
Need to give notice for a lawyer or paid agent to appear at a conference/hearing
Without this notice the lawyer cannot participate in a hearing
✓ Confirm whether a lawyer will attend a hearing before using F33
Form F53 – Notice of lawyer or paid agent
Standard (non‑intractable) bargaining authorisation needed
A different authorisation form may be required for routine bargaining
✓ Check if the bargaining is truly intractable before filing F33
Requesting a change to an existing enterprise agreement that is not intractable
A different application (e.g., variation request) may apply
✓ Verify the nature of the change before submitting
Deadline or filing window
No specific filing deadline is stated in the form – Not confirmed in official source.
Before you submit
- 1Complete the cover sheet and remove it before filing.
- 2Provide full details of all other bargaining representatives (employers, employee organisations, appointed reps).
- 3If any employers or employees appointed representatives, fill in the corresponding tables.
- 4Attach any supporting documents required for the intractable declaration.
- 5If you intend to have a lawyer or paid agent appear at a conference/hearing, lodge Form F53 first.
- 6Sign the application and include a contact person’s details.
- 7Check that all addresses are work addresses for employee representatives, not private home addresses.
- 8Confirm you have a copy of the completed form to serve on other bargaining representatives.
How to file this form
- 1Lodge the completed Form F33 and any supporting documents with the Fair Work Commission – by email, post, or in person at the state/territory office.
- 2Record the date and method of lodging for your own records.
- 3Serve a copy of every document you lodged on each other bargaining representative for the proposed agreement.
- 4Use an acceptable service method – email, express post, registered post, or in‑person delivery.
- 5Keep a copy of the served documents and proof of service (e.g., email receipt, post receipt).
- 6If you lodged a Form F53 for lawyer representation, ensure the permission from the Commission Member is received before the hearing.
Known limitations
- 1Only for intractable bargaining declarations – not for routine or greenfields agreements.
- 2Requires that a supported bargaining authorisation or single‑interest employer authorisation is already in place for multi‑enterprise agreements.
- 3Does not itself grant permission for a lawyer to appear at a conference/hearing – that requires Form F53.
- 4Personal privacy details may be disclosed to other parties as part of the case file.
- 5Employer or employee details must be provided only once – do not repeat the applicant’s own details.
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 F33 is the current approved version for an intractable bargaining declaration, effective from 8 October 2024.
What changed or needs a fresh check
- Check that the form is the version approved on 8 Oct 2024.
- Confirm the list of required supporting documents is up to date.
- Verify any changes to service rules in the Fair Work Commission Rules 2024 (Part 5, Chapter 1, Schedule 1).
- Ensure the privacy notice referenced on the cover sheet is the latest version.
Quick Facts
Downloads & source
Sources
- SRCForm F33 is titled ‘Application for an intractable bargaining declaration’confirmed.
- SRCThe form is approved with effect from 8 October 2024confirmed.
- SRCLodging methods: email, post, or in person at the Commission officeconfirmed.
- SRCService methods: email, express post, registered post, or in personconfirmed.
- SRCLawyer or paid agent notice requirement refers to Form F53confirmed.
- SRCRequirement that the proposed agreement is not a greenfields agreementconfirmed.
- SRCRequirement for multi‑enterprise agreements to have a supported bargaining authorisation or single‑interest employer authorisationconfirmed.
- SRCPrivacy notice applies to information collected on the formconfirmed.
Common confusion points
Mixing up the need for Form F53 (lawyer notice) with the F33 application.
Listing the applicant’s own employer or employee organisation details twice.
Using a home address for an employee bargaining representative instead of a work address.
Assuming the form can be used for greenfields agreements – it cannot.
Forgetting to serve copies on all other bargaining representatives after lodging.
Not checking whether a supported bargaining authorisation is already in place for multi‑enterprise agreements.
Overlooking the privacy notice and how personal information may be shared.
Source transparency
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