Official form guide
Form F36: Application for greenfields agreement
Form F36 is the Fair Work Commission’s application to revoke a protected action ballot order. Use it if you are the bargaining representative who applied for the ballot and now want the order cancelled before voting ends.
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Form Overview
Fair Work Commission Form F36 - Application for greenfields agreement
Form F36 is the Fair Work Commission’s application to revoke a protected action ballot order. Use it if you are the bargaining representative who applied for the ballot and now want the order cancelled before voting ends.
Risk Radar
Scan points- 1Most people forget to attach the protected action ballot order copy.
- 2Missing the required copy of the ballot order
- 3Submitting after voting has closed
- 4Leaving the signature or authority to sign blank
- 5Failing to serve a copy to other parties promptly
Plain English
If you lodged a protected action ballot (using Form F34) and decide you no longer need it, you fill out this form to ask the Commission to pull the order. It’s a short form that asks for your details, the ballot order details, and a signature.
Submission Date
- Filing date: Submit the form any time before the protected action ballot voting closes.
- 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
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What this form is for
- You applied for a protected action ballot and now want the order cancelled before voting ends.
- The ballot order is still active – voting has not yet closed.
- You need to attach a copy of the original protected action ballot order.
- You are the applicant or an authorised representative completing the form.
Form selector
Use this form or another form?
You need to give notice of a lawyer or paid agent
Required to notify the Commission before representation can participate in a hearing
✓ Verify you have a pending hearing or conference
Form F53 – Notice of lawyer/paid agent
You want to object to the Commission’s jurisdiction
Different procedural track for jurisdictional challenges
✓ Confirm the objection is truly jurisdictional
Form F55 – Jurisdictional objection (not confirmed in official source)
You are applying for a new protected action ballot order
This form starts a ballot, not revokes one
✓ Ensure you have not already obtained an order
Form F34 – Application for protected action ballot order (not confirmed in official source)
Deadline or filing window
The application must be lodged before the protected action ballot voting closes; there is no later deadline.
Before you submit
- 1Attach a clear copy of the protected action ballot order.
- 2Enter the order print number, date and Commission Member correctly.
- 3Select ‘No’ for ‘Has voting in the protected action ballot closed?’.
- 4Indicate whether you have a lawyer or paid agent (tick the appropriate box).
- 5Provide your signature, printed name and date (or typed name for electronic filing).
- 6Choose the preferred lodging method – email to [email protected] or post/in‑person.
- 7Prepare a copy of the entire application for service to all required parties.
- 8Check that you have a language assistance option selected if needed.
- 9Retain a copy of the completed form for your records.
How to file this form
- 1Complete all sections of Form F36, attaching the ballot order copy.
- 2Lodge the form with the Commission – email to [email protected] or deliver by post/in‑person to the state/territory office.
- 3As soon as practicable, serve a copy of the lodged documents to each employer, the Australian Electoral Commission ([email protected]) or the alternative ballot agent, and the independent advisor (if appointed).
- 4Use email, express post or registered post for service and keep proof of delivery.
- 5Retain a personal copy of the lodged form and any service receipts.
Known limitations
- 1The application can only be made before voting in the protected action ballot closes.
- 2A copy of the original ballot order must be attached; without it the application may be rejected.
- 3Commission staff cannot give legal advice – you may need external advice for complex issues.
- 4Representation by a lawyer or paid agent requires a separate Form F53 and permission from the Commission.
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 F36 is approved for use from 17 September 2025 and remains the current form for applying to revoke a protected action ballot order.
What changed or needs a fresh check
- Confirm the form version is the one approved after 17 Sept 2025.
- Check that the ‘Order print number’, ‘Date of order’ and ‘Commission Member’ fields are filled.
- Verify you have attached a copy of the protected action ballot order.
- Confirm you have answered whether voting has closed (must be ‘No’).
- If you are using an electronic signature, ensure you type your name as instructed.
Quick Facts
Downloads & source
Sources
- SRCForm purpose and revocation conditionp.1: revocation only before voting closes (s.448).
- SRCLodging optionsemail [email protected] or post/in‑person – p.1.
- SRCService requirementsemployer, AEC ([email protected]), independent advisor – p.1.
- SRCCommission staff cannot give legal advice, can help with processesp.2.
- SRCRepresentation definition and need for Form F53p.2 and p.3.
- SRCGlossary definitions for applicant, respondent, party, servicep.3.
- SRCForm header and fields (order print number, date, member, voting closed question, signature instructions)p.6.
- SRCApproved form date17 September 2025 – p.2 and p.3.
Common confusion points
Thinking the form can be used after voting has closed – it cannot.
Forgetting to attach the protected action ballot order copy.
Not serving the Australian Electoral Commission or the alternative ballot agent.
Assuming the form automatically notifies a lawyer or paid agent – a separate Form F53 is required.
Using a handwritten signature when the form is filed electronically without typing the name.
Overlooking the language assistance tick box if you need translation support.
Source transparency
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