Official form guide
Form F36: Application for greenfields agreement
The F36 form is an Application for greenfields agreement used to request approval from the Fair Work Commission for a new workplace agreement. This form is specifically designed for new businesses or projects where no existing agreement is in place.
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Form Overview
Fair Work Commission Form F36 - Application for greenfields agreement
The F36 form is an Application for greenfields agreement used to request approval from the Fair Work Commission for a new workplace agreement. This form is specifically designed for new businesses or projects where no existing agreement is in place.
Risk Radar
Scan points- 1The most common mistake is failing to demonstrate genuine consultation with employees before submitting the application.
- 2Incorrectly identifying the workplace as a greenfields site
- 3Failing to provide adequate evidence of employee consultation
- 4Including terms that don't comply with the Fair Work Act
- 5Not providing sufficient details about proposed agreement terms
Plain English
A greenfields agreement sets the rules for a workplace that doesn't exist yet. If you're starting a new business or project, you'll need this form to get official approval for how employees will be paid and treated before you hire anyone.
Submission Date
- Filing date: Submit this form before commencing operations at the new workplace, as greenfields agreements must be approved before employees start work.
- 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 for new workplaces where no previous agreement exists
- Use for new projects within existing businesses with separate work arrangements
- Use when establishing a new enterprise with distinct employment conditions
- Use only after genuine consultation with affected employees
- Do not use for existing workplaces with current agreements
- Do not use for standard enterprise bargaining agreements
Form selector
Use this form or another form?
Existing workplace with current agreement
You must use variation forms for existing agreements
✓ Check if your current agreement has specific variation procedures
Renewing an existing greenfields agreement
Renewals require new applications even for similar terms
✓ Verify if your previous agreement has specific renewal requirements
Single enterprise bargaining agreement
Greenfields agreements have specific requirements
✓ Confirm if your workplace qualifies as a greenfields site
Workplace agreement for small business
Small businesses may still need greenfields agreements for new operations
✓ Check if your business meets small business eligibility criteria
Negotiating with multiple unions
Multiple union representation requires additional documentation
✓ Ensure all relevant unions have been consulted
Deadline or filing window
There is no fixed deadline for submitting a greenfields agreement application, but it must be submitted before commencing operations at the new workplace to ensure legal compliance from day one.
Before you submit
- 1Complete all sections of the F36 form
- 2Attach evidence of genuine employee consultation
- 3Include a copy of the proposed agreement
- 4Verify all employee classifications are correct
- 5Ensure the application is signed by authorized representatives
- 6Check that all mandatory declarations are completed
- 7Confirm you've attached any required supporting documentation
- 8Keep a complete copy of your submission for records
How to file this form
- 1Obtain the latest version of the F36 form from the Fair Work Commission website
- 2Complete all sections with accurate information about your proposed agreement
- 3Collect evidence of consultation with affected employees
- 4Prepare the proposed agreement document
- 5Submit through the Fair Work Commission online portal or by mail
- 6Wait for acknowledgment from the Fair Work Commission
- 7Respond to any requests for additional information promptly
Known limitations
- 1The form cannot be used for workplaces with existing agreements
- 2Greenfields agreements must genuinely cover new workplaces
- 3The agreement cannot include terms that contravene the Fair Work Act
- 4Employee consultation must be genuine and documented
- 5The Commission may reject applications that don't meet legal requirements
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->The F36 form is currently the standard application for greenfields agreements, but employers should verify the latest version on the Fair Work Commission website as workplace laws may be updated.
What changed or needs a fresh check
- Verify the current version number on the Fair Work Commission website
- Check if recent changes to workplace laws affect your proposed agreement
- Confirm that the consultation requirements haven't been updated
- Ensure the form includes any new mandatory fields or declarations
- Review if the processing timeframes have changed
- Check if there are new rules about content of greenfields agreements
Quick Facts
Downloads & source
Sources
- SRCForm name and number: F36 - Application for greenfields agreement
- SRCIssuing agency: Fair Work Commission
- SRCPurpose: To obtain approval for new workplace agreements
- SRCSubmission method: Fair Work Commission online portal or mail
- SRCNot confirmed in official source: Current processing timeframes
- SRCNot confirmed in official source: Specific documentation requirements
- SRCNot confirmed in official source: Recent changes to form requirements
- SRCNot confirmed in official source: Exact criteria for greenfields workplace determination
Common confusion points
Confusing greenfields agreements with standard enterprise agreements
Not understanding what constitutes a genuine greenfields workplace
Misinterpreting the consultation requirements
Assuming automatic approval once submitted
Not realizing greenfields agreements must be approved before operations begin
Confusing the application process with the approval process
Not understanding the difference between greenfields and other types of agreements
Source transparency
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