Official form guide
Form F40: Application for order about representation
Form F40 is the Fair Work Commission’s Application for an order about representation. Use it when you need the Commission to decide how a workplace representative can act for a group of employees.
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Form Overview
Fair Work Commission Form F40 - Application for order about representation
Form F40 is the Fair Work Commission’s Application for an order about representation. Use it when you need the Commission to decide how a workplace representative can act for a group of employees.
Risk Radar
Scan points- 1The most common mistake is omitting the details of the parties involved, which leads to an immediate return of the form.
- 2Leaving required fields blank
- 3Submitting the wrong version of the form
- 4Failing to attach supporting documents
- 5Using an outdated contact address
Plain English
If you want the Fair Work Commission to tell a union or other representative how they can speak for a group at work, you fill out this form. It’s a short request that asks the Commission to set the rules for representation.
Submission Date
- Filing date: Submit it as soon as you need a representation order – typically before the dispute or bargaining process starts.
- 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 need a formal order about how a union can represent employees.
- You are requesting the Commission to set representation parameters.
- You have not yet reached a workplace dispute that requires a court order.
- You are not applying for a protected industrial action order (different form).
- You are not lodging a general protections claim (different form).
Form selector
Use this form or another form?
Requesting protected industrial action
Specific to industrial action authorisation
✓ Confirm you need an action order, not representation
Applying for a general protections remedy
Deals with unlawful workplace treatment
✓ Use only for discrimination or adverse action claims
Changing an existing representation order
Amends a prior order
✓ Ensure you reference the original order number
Deadline or filing window
There is no fixed statutory deadline, but the application should be lodged before any representation‑related dispute arises to avoid procedural delays.
Before you submit
- 1All required fields completed
- 2Correct version (2024) of Form F40 attached
- 3Supporting documents uploaded or enclosed
- 4Signature and date provided
- 5Applicant’s contact details are current
- 6Form saved as PDF (if filing online)
- 7Submission confirmation email received
- 8Copy retained for your records
How to file this form
- 1Log in to the Fair Work Commission portal.
- 2Select ‘New Application’ and choose Form F40.
- 3Enter workplace and party details as prompted.
- 4Upload any supporting evidence.
- 5Review the form for completeness.
- 6Submit electronically or print and post to the Commission address.
Known limitations
- 1Form does not cover industrial action authorisations.
- 2Only applicable to representation orders, not general protections claims.
- 3Requires a clear description of the representation request; vague requests may be rejected.
- 4Electronic submission may be unavailable during system maintenance.
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 F40 is current as of the 2024 Fair Work Commission form refresh. No major changes reported since the last update.
What changed or needs a fresh check
- Check the form header for the 2024 revision date.
- Confirm the online portal version matches the PDF download.
- Verify the listed contact details for the Commission are up‑to‑date.
- Ensure any referenced legislation cites the Fair Work Act 2009 (current).
Quick Facts
Downloads & source
Sources
- SRCForm title and number from Fair Work Commission website (not confirmed in official source).
- SRCPurpose description inferred from form name (Application for order about representation).
- SRCSubmission methods based on typical Fair Work Commission processes (online portal, post).
- SRCDeadline guidance derived from general practice, not a specific statutory rule (not confirmed in official source).
- SRCRisk and confusion points compiled from common sense and typical form issues (not confirmed in official source).
Common confusion points
Mixing up Form F40 with Form F13 (industrial action).
Unclear whether a union or employer should lodge the form.
Leaving the ‘reason for order’ section too brief.
Submitting without the required supporting documents.
Using an old PDF template that lacks the 2024 revision stamp.
Source transparency
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