Official form guide
Form F35: Application for multi-enterprise agreement
Form F35 is the Fair Work Commission’s application to vary a protected action ballot order. Use it if you are a bargaining representative or ballot agent who needs to change the order or the ballot closing date.
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Form Overview
Fair Work Commission Form F35 - Application for multi-enterprise agreement
Form F35 is the Fair Work Commission’s application to vary a protected action ballot order. Use it if you are a bargaining representative or ballot agent who needs to change the order or the ballot closing date.
Risk Radar
Scan points- 1Common mistake: forgetting to attach the ballot order copy.
- 2Missing the ballot order attachment
- 3Submitting after the voting close date without Commission consent
- 4Leaving the signature or authority field blank
- 5Providing incorrect contact details
Plain English
If you need to tweak the rules for a protected action ballot – for example, move the voting deadline – you fill out this form and send it to the Commission. It’s a short paper that asks for your details, the employer’s details, and a signature.
Submission Date
- Filing date: You can apply any time before the ballot’s voting close date, or after that date if the ballot has not been held and the Commission gives consent.
- 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 this form to apply for a variation of an existing protected action ballot order.
- Suitable if you are a bargaining representative or ballot agent needing to change the order or the ballot closing date.
- Do not use this form to start a new protected action ballot – a different form is required.
- Only applicable when the variation relates to the ballot process, not to the enterprise agreement itself.
Form selector
Use this form or another form?
Need to give notice of a lawyer or paid agent
Required by the Commission rules before a lawyer or paid agent can appear at a conference or hearing
✓ Confirm you have a lawyer or paid agent and that the notice is lodged first
Form F53 – Notice of representation
Applying for a new protected action ballot order
A separate form is used for the initial ballot order
✓ Verify the correct form for a new ballot before starting
Requesting a variation of a protected action ballot order
This is the correct form for any change to an existing ballot order
✓ Ensure the variation is within the scope of the ballot order
Deadline or filing window
Apply before the ballot voting close date, or later only if the ballot has not yet been held and the Commission has given consent.
Before you submit
- 1All applicant personal details are filled in and accurate.
- 2Representative details are entered, and the correct box (lawyer, paid agent or none) is ticked.
- 3Respondent (employer) details are complete, including ABN/ACN.
- 4If a lawyer or paid agent is used, confirm a Form F53 has been lodged.
- 5Authority to sign field reads “Applicant” or “Representative” as appropriate.
- 6Signature (or typed name) and date are included.
- 7Copies of the completed form are ready to serve the respondents, the AEC and any independent ballot advisor.
- 8Check that any supporting documents required for the variation are attached.
- 9Retain a copy of the signed form for your records.
How to file this form
- 1Complete all sections of Form F35 on paper or the online portal.
- 2Lodge a Form F53 first if you are using a lawyer or paid agent.
- 3Sign the form (or type your name if filing electronically).
- 4Submit the form to the Fair Work Commission via the online portal or by post.
- 5Serve a copy of the lodged form on each respondent, the Australian Electoral Commission (or the alternative ballot agent), and the independent ballot advisor.
- 6Keep a copy of the lodged form and proof of service for your records.
Known limitations
- 1The form does not provide legal advice; you may need independent advice.
- 2Only for variations of a protected action ballot order, not for new ballots or enterprise agreements.
- 3Representation by a lawyer or paid agent requires a separate Form F53 notice.
- 4Electronic signatures are accepted only if you type your name in the signature field.
- 5Failure to serve copies as instructed may delay the application.
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.
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Fillable formOpen in Editor->Form F35 is approved and in effect from 17 September 2025.
What changed or needs a fresh check
- Check the form version date – approved from 17 September 2025.
- Confirm the “Authority to sign” wording matches the current version.
- Verify the optional electronic signature instruction is present.
- Note the added consent to contact researchers field.
- Review the service instructions for respondents, the AEC and the independent ballot advisor.
Quick Facts
Downloads & source
Sources
- SRCForm approval date: 17 September 2025 (p.2).
- SRCPurpose: application to vary a protected action ballot order (p.4).
- SRCService requirements for respondents, AEC and independent advisor (p.2).
- SRCRepresentation definition and need for Form F53 (p.2‑p.3).
- SRCAuthority to sign wording and electronic signature option (p.10).
- SRCConsent to contact researchers field (p.10).
- SRCDetails of applicant, representative and respondent sections (p.4‑p.6).
- SRCNot confirmed in official source: exact list of alternative forms for new ballots.
Common confusion points
Mixing up Form F35 with the form for a new protected action ballot.
Forgetting to lodge Form F53 when a lawyer or paid agent is involved.
Leaving the “Authority to sign” field blank or using the wrong label.
Not serving copies to all required parties after lodging.
Using a handwritten signature when filing electronically without typing the name.
Overlooking the consent to contact researchers field (optional but must be addressed).
Submitting an outdated version of the form.
Source transparency
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