Official form guide
Form F34: Application for single-enterprise agreement
Form F34 is an application to the Fair Work Commission for a protected action ballot order. Use it when a bargaining representative (or joint representatives) wants a ballot for a proposed enterprise agreement, excluding greenfields or cooperative agreements.
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Form Overview
Fair Work Commission Form F34 - Application for single-enterprise agreement
Form F34 is an application to the Fair Work Commission for a protected action ballot order. Use it when a bargaining representative (or joint representatives) wants a ballot for a proposed enterprise agreement, excluding greenfields or cooperative agreements.
Risk Radar
Scan points- 1Applying more than 30 days before the current agreement expires is a common mistake.
- 2Applying for a greenfields agreement, which is not allowed
- 3Submitting the form more than 30 days before the expiry date
- 4Failing to attach a draft order
- 5Not providing a Form F34B declaration for each employer in a multi‑enterprise agreement
Plain English
If you represent employees and need a formal vote on a new enterprise agreement, you fill out this form. It tells the Commission what you want the ballot to look like and who will run it.
Submission Date
- Filing date: You can lodge the application no earlier than 30 days before the nominal expiry date of any existing enterprise agreement.
- 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
- You are a bargaining representative (or joint representatives) of employees covered by a proposed enterprise agreement.
- You need a protected action ballot order – not a standard ballot or a greenfields agreement.
- The application is made within 30 days of the nominal expiry date of any existing agreement.
- The proposed ballot agent must be an eligible protected action ballot agent.
Form selector
Use this form or another form?
Proposed greenfields enterprise agreement
Greenfields agreements are excluded from F34
✓ Verify the correct form for greenfields
Standard enterprise agreement ballot (no protected action)
Protected action ballot is a special process
✓ Check if protected action is required
Joint bargaining representatives applying together
Form supports multiple applicants
✓ List each applicant on the form
Deadline or filing window
The application cannot be lodged earlier than 30 days before the existing agreement’s nominal expiry date. Submit it within that window to avoid delays.
Before you submit
- 1Enter complete legal name, ACN/ABN and contact details for each applicant.
- 2Attach the draft order in Word or PDF format.
- 3Attach a completed Form F34B declaration (one per employer if needed).
- 4Attach any additional pages required for applicant details.
- 5Retain proof of service (email receipt, sent items, or post receipt).
- 6If the ballot agent is the Australian Electoral Commission, email [email protected].
- 7Ensure the signature field is filled (typed name if no electronic signature).
- 8Check that the application is not more than 30 days before the existing agreement’s expiry.
How to file this form
- 1Complete all applicant and contact sections on Form F34.
- 2Draft the protected action ballot order using the appropriate template.
- 3Complete Form F34B declaration(s) for each employer, if applicable.
- 4Lodge Form F34, the draft order and Form F34B(s) electronically via the Fair Work Commission portal.
- 5Serve the ballot agent (AEC by email or other agent by approved method) and keep proof of service.
- 6Retain a full copy of the lodged package for your records.
Known limitations
- 1Cannot be used for greenfields or cooperative workplace agreements.
- 2Application must be made within 30 days of the existing agreement’s nominal expiry.
- 3Only bargaining representatives (or joint reps) may apply.
- 4The ballot agent must be an eligible protected action ballot agent unless exceptional circumstances are documented.
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 F34 is the current approved version for protected action ballot orders, effective from 17 September 2025.
What changed or needs a fresh check
- Confirm the form version is the one approved on 17 Sept 2025.
- Select the correct draft order template (AEC or non‑AEC ballot agent).
- Include a Form F34B declaration for each employer if the agreement is multi‑enterprise.
- If the ballot agent is not eligible, describe the exceptional circumstances as required.
- Provide authority to sign (Applicant or Representative) and date the signature.
Quick Facts
Downloads & source
Sources
- SRCForm approved with effect from 17 September 2025confirmed in source.
- SRCWho can use the form: bargaining representative(s)confirmed in source.
- SRCCannot use for greenfields or cooperative agreementsconfirmed in source.
- SRCCannot apply more than 30 days before nominal expiryconfirmed in source.
- SRCRequired documents: this form, draft order, Form F34B declarationconfirmed in source.
- SRCService to AEC via email [email protected] and retain proofconfirmed in source.
- SRCAuthority to sign field detailsconfirmed in source.
- SRCCommission staff cannot give legal adviceconfirmed in source.
Common confusion points
Mixing up protected action ballots with regular enterprise agreement ballots.
Unclear whether a Form F34B is needed for a single‑employer agreement.
How to prove service to the Australian Electoral Commission.
Who is allowed to sign the form – Applicant vs Representative.
When to use the AEC template versus the non‑AEC template for the draft order.
What qualifies as an ‘eligible protected action ballot agent.’
Whether the 30‑day rule applies to extensions of existing agreements.
Source transparency
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