🇦🇺FAIR WORKF33

Application for low-paid bargaining authorization

The F33 form is an application to the Fair Work Commission seeking authorization for low-paid workers to bargain collectively. This form is used when employees in a workplace want to negotiate a collective agreement but their proposed agreement would result in them being paid at rates below the modern award safety net.

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Form Overview

Application for low-paid bargaining authorization

The form captures information about the employees, their current employment conditions, the proposed bargaining period, and details about why they're seeking low-paid bargaining authorization.

Risk Radar

The most common mistake is failing to accurately demonstrate that employees are paid below the relevant modern award rate.
Providing incorrect information about employee pay rates
Failing to include all employees who wish to be covered
Not properly documenting the low-paid status of employees
Missing required signatures from participating employees

Plain English

This form lets workers who are paid less than the award rate ask the Fair Work Commission for permission to negotiate together as a group. It's designed to give bargaining rights to employees who wouldn't normally qualify for collective bargaining because their pay is below the award minimum.

Submission Date

There is no statutory deadline for submitting this form, but applications should be submitted as early as possible to allow sufficient time for processing before you wish to commence bargaining.
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

agreement safety result award

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Quick Facts

This form should be completed by employees or a group of employees who are paid below the relevant modern award rate and wish to bargain collectively.

The form captures information about the employees, their current employment conditions, the proposed bargaining period, and details about why they're seeking low-paid bargaining authorization.

Submit this form when you have identified a group of employees who wish to bargain collectively but are paid below the award rate and need authorization from the Fair Work Commission to proceed.

Submit this form through the Fair Work Commission's online portal or by mail to the Fair Work Commission office in your state or territory.

Submitting correctly matters because an incomplete or incorrect application may be rejected, delaying your ability to bargain collectively and potentially affecting your workplace conditions and entitlements.

Step 1: Gather information about all employees who wish to be covered by the authorization. Step 2: Complete all sections of the form with accurate details about employment conditions and proposed bargaining terms. Step 3: Have all participating employees sign the form. Step 4: Submit the completed form through the Fair Work Commission's online portal or by mail.

What this form is for

• Use this form when employees are paid below the modern award rate
• Use this form when you want to bargain collectively but don't meet standard bargaining requirements
• Use this form when you need formal authorization from the Fair Work Commission
• Do not use this form for standard enterprise bargaining where employees meet award rate requirements
• Do not use this form for individual employment matters

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Standard enterprise bargaining	Form F20	For workplaces where employees are paid at or above award rates	Check if your employees meet the threshold for standard bargaining
Individual unfair dismissal claim	Form F23	For individual employment disputes unrelated to collective bargaining	Ensure the issue is individual, not collective
General workplace agreement	Form F21	For agreements that don't fit the low-paid bargaining criteria	Verify if your situation meets the definition of low-paid bargaining
Right of entry permit application	Form F44	For union officials seeking entry to workplaces	This is a different process with different requirements

Deadline or filing window

There is no statutory deadline for submitting this form, but applications should be submitted as early as possible to allow sufficient time for processing before you wish to commence bargaining.

Before you submit

• All sections of the form are completed
• Employee pay rates are accurately documented and below the relevant award rate
• All participating employees have signed the form
• Proposed bargaining period is clearly specified
• Contact information is current and accurate
• All required supporting documentation is included

How to file this form

1Determine if all employees meet the low-paid criteria
2Collect all necessary employee information and signatures
3Complete all sections of the F33 form accurately
4Prepare any required supporting documentation
5Submit the completed form through the Fair Work Commission's online portal or by mail
6Keep a copy of the submitted form for your records
7Follow up with the Fair Work Commission if you haven't received acknowledgment within the expected timeframe

Known limitations

• This form only applies to workplaces where employees are paid below the modern award rate
• Authorization is not guaranteed and will be assessed on its merits
• The form must be completed by employees, not employers or third parties
• The Fair Work Commission may impose conditions on any authorization granted
• This form does not replace the need for proper workplace consultation processes

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Current Form Status

This form is current as of the latest Fair Work Commission guidelines, but applicants should check the Fair Work Commission website for any recent updates before submitting.

Agency: Fair Work Commission

What changed or needs a fresh check

• Check if there have been any changes to the definition of 'low-paid' since the last update
• Verify the current contact details for the Fair Work Commission
• Confirm the current processing times for low-paid bargaining applications
• Review any recent changes to the information required in Section 3
• Ensure the current version of the form includes all required declarations

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