Official form guide
Form F40: Application for order about representation
Form F40 is the Fair Work Commission’s application to seek an order about representation when a business is transferred. Use it when you need the Commission to decide how a transferable instrument (e.g., enterprise agreement) applies after a transfer.
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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 to seek an order about representation when a business is transferred. Use it when you need the Commission to decide how a transferable instrument (e.g., enterprise agreement) applies after a transfer.
Risk Radar
Scan points- 1Most people forget to serve copies to every required party.
- 2Not attaching a copy of the transferable instrument
- 3Failing to serve all required parties (other parties, union, new employer)
- 4Leaving the representative section blank when you have a lawyer or paid agent
- 5Missing the authority to sign declaration or using an invalid signature
Plain English
If a business changes hands and you’re unsure how the existing workplace agreement will continue, you fill out this form to ask the Commission for a clear order. It works like a formal request that the Commission reviews the impact on productivity, economics, and public interest.
Submission Date
- Filing date: Lodge the form as soon as practicable after the business transfer and before the order is needed to start. Serve copies to all parties promptly after lodging.
- 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 when you need the Commission to decide how a transferable instrument (e.g., enterprise agreement) applies after a business transfer.
- Use if you are seeking orders under s.318 or s.319 of the Fair Work Act related to that transfer.
- Use when you want the Commission to make a formal order about representation of employees after the transfer.
- Do not use for unrelated industrial matters such as general unfair‑dismissal claims.
- If you only need to notify a change of lawyer or paid agent after lodging, use Form F53 instead.
Form selector
Use this form or another form?
Need to notify a lawyer/paid‑agent after you have lodged the application
Updates representation details post‑lodgement
✓ Confirm you have already lodged Form F40
Applying for a new enterprise agreement, not about a transfer
Different purpose – creates an agreement, not orders on a transfer
✓ Verify the matter is a transfer of business
Form F39 (not confirmed in official source)
No representation needed, just want the order
You can leave the representation section blank
✓ Ensure you still complete the rest of Form F40
Deadline or filing window
There is no fixed statutory deadline in the form, but you must lodge and serve copies as soon as practicable after the transfer to avoid delays.
Before you submit
- 1Attach a copy of the transferable instrument (enterprise agreement or similar).
- 2Enter the exact name of the transferable instrument on the form.
- 3State the specific industry and the nominal expiry date of the instrument.
- 4Indicate whether you are seeking orders under s.318 or s.319.
- 5Provide clear details of the order terms you want.
- 6If you have a lawyer or paid agent, fill in their name, ABN, contact details and tick the appropriate box.
- 7Sign in the correct capacity – Applicant, Applicant’s employee (position title) or Representative.
- 8If filing electronically without a digital signature, type your name in the signature field.
- 9Choose your lodgement method (email to [email protected] or post/in‑person).
- 10Keep a copy of the completed form and all attachments for your records.
How to file this form
- 1Prepare the transferable instrument and any supporting documents.
- 2Complete all sections of Form F40, including representative details if applicable.
- 3Attach the required copy of the transferable instrument and any extra pages for order terms.
- 4Lodge the form by emailing it to [email protected] or by posting/in‑person to the state/territory Commission office.
- 5Serve a copy of every lodged document on the other parties, the relevant employee organisation and the new (or likely new) employer.
- 6Retain the signed form and proof of service for your own records.
Known limitations
- 1The form only covers orders related to a transfer of business; other industrial matters require different forms.
- 2A representative is optional – you are not required to have a lawyer or paid agent.
- 3If you want a lawyer or paid agent to attend a conference or hearing, you must give notice and seek permission unless an exemption applies.
- 4Service of documents must be completed after lodging; failure to serve can delay the order.
- 5The form does not itself change the terms of the transferable instrument – it only seeks a Commission order.
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 F40 is the current approved form for applying for orders about a transferable instrument after a business transfer, effective from 17 September 2025.
What changed or needs a fresh check
- Check the form version is the one approved from 17 Sep 2025.
- Confirm the representation information icon appears – it signals help text.
- Verify the sections on lawyer/paid‑agent notice reflect the 2024 Commission Rules.
- Ensure the email address for lodgement is still [email protected].
- Review any updated privacy notice attached to the current PDF.
Quick Facts
Downloads & source
Sources
- SRCForm approved with effect from 17 September 2025confirmed in source.
- SRCLodgement email address is [email protected]confirmed in source.
- SRCRequirement to serve copies on other parties after lodgingconfirmed in source.
- SRCDetails of lawyer/paid‑agent representation rulesconfirmed in source.
- SRCUse of Form F53 for later notification of representationconfirmed in source.
- SRCSignature authority options (Applicant, employee position, Representative)confirmed in source.
- SRCPrivacy notice mentionconfirmed in source.
- SRCExact list of alternative forms for other situationsnot confirmed in official source.
Common confusion points
Thinking the form automatically appoints a representative – you must fill the representative section yourself.
Forgetting to attach a copy of the transferable instrument.
Using the form for matters that are not about a business transfer (e.g., general unfair‑dismissal claims).
Assuming a lawyer can appear at a hearing without giving notice or seeking permission.
Not serving the other parties after lodgement, which can invalidate the application.
Leaving the ‘Authority to sign’ field blank or signing in the wrong capacity.
Source transparency
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