Official form guide
Form F40: Application for order about representation
This form, F40, is an Application for order about representation issued by the Fair Work Commission. You use it when you need the Commission to make a formal decision regarding who represents you in a workplace matter.
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Form Overview
Fair Work Commission Form F40 - Application for order about representation
This form, F40, is an Application for order about representation issued by the Fair Work Commission. You use it when you need the Commission to make a formal decision regarding who represents you in a workplace matter.
Risk Radar
Scan points- 1Do not forget to specify *what* the representation order should cover (e.g., dispute resolution vs. general workplace matters).
- 2Not clearly identifying who you want as your representative.
- 3Forgetting to detail the specific workplace matter needing representation.
- 4Submitting without attaching necessary supporting evidence.
- 5Using incorrect party names or identification numbers for employees/employers.
Plain English
Basically, this form lets you ask the Fair Work Commission to step in and officially decide on your representative. This could be someone representing you at a dispute or an agreed-upon union delegate. It's how you get the Commission's stamp of approval on who speaks for you.
Submission Date
- Filing date: Submit this when you are facing a situation where the representation of your interests needs official confirmation from the Fair Work Commission. There isn't a fixed deadline unless set by the case itself.
- 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 the Commission to decide who officially represents you in a workplace dispute or matter.
- Your employer and union/representative disagree on who should speak for you.
- You want the Commission to formally approve a specific person or body as your representative.
- The existing arrangement of representation is unclear, and you need official clarity.
Form selector
Use this form or another form?
Dispute resolution hearing
Use this if you are already in a formal meeting and just need the *order* confirmed.
✓ Check if your case requires immediate action.
Change of representative mid-matter
If representation is changing during an active case, check for a specific amendment form first.
✓ Don't use F40 if a targeted change form exists.
Specific application within existing file
Initial dispute filing (no rep specified)
Use this when starting the process and need to name your representative simultaneously.
✓ Ensure you aren't missing the primary application form.
Requesting clarification on existing order
If representation is already ordered, but details are vague, a letter might suffice before using F40.
✓ Confirm if an Order Review Form exists.
Deadline or filing window
While there is no blanket deadline, submitting it promptly after the issue arises is best practice. If a hearing date is set, aim to submit well in advance.
Before you submit
- 1Fill in all fields completely; do not leave blanks unless explicitly permitted.
- 2Use clear, professional language throughout the application.
- 3Attach copies of any relevant documents (e.g., employment contracts, previous correspondence).
- 4Ensure you have signed and dated the form where required.
- 5Verify your contact details are current for easy follow-up.
- 6If submitting online via myGov, ensure you select 'F40' correctly.
How to file this form
- 1Complete all sections of Form F40 accurately.
- 2Gather and attach supporting evidence relating to the representation issue.
- 3Decide on your submission method (online portal, mail, or in-person).
- 4If mailing, address it clearly to the Fair Work Commission.
- 5If using the online portal, upload all scanned documents together.
- 6Keep a record of when and how you submitted the form.
Known limitations
- 1This form only applies to seeking an *order* regarding representation; it doesn't resolve the underlying dispute itself.
- 2The specific requirements change based on whether you are the employee, employer, or union representative applying.
- 3Not confirmed in official source: The deadline for lodging F40 may vary depending on the stage of your existing case.
- 4Not confirmed in official source: Specific fees (if any) must be paid alongside this 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 F40 is the current application document for seeking a formal order from the Fair Work Commission about representation. Check the FAIR_WORK website to confirm the latest version date.
What changed or needs a fresh check
- Confirm the current date listed on the top of the form.
- Check for any updated Fair Work Commission contact details provided.
- Verify the specific section titles match your situation (e.g., 'Employee Representation' vs. 'Employer Representation').
- Ensure the required supporting documentation list is up to date.
- Note if there are new digital submission instructions mentioned.
Quick Facts
Downloads & source
Sources
- SRCAgency: Fair Work Commission
- SRCForm Number: F40
- SRCForm Name: Application for order about representation
- SRCContextual Use: Seeking formal decision on workplace representative status.
- SRCNot confirmed in official source: Specific fee schedule details.
- SRCNot confirmed in official source: Digital submission portal name (though myGov integration is standard).
Common confusion points
Confusing 'Application for Order' with simply 'Notifying' the Commission—F40 asks them to *decide*.
Mistaking this form for a general dispute filing; F40 is specific to who represents you.
Not clearly stating *why* the current representation arrangement is faulty or needs changing.
Forgetting to specify which party (Employee/Employer) benefits from the ordered representation.
Using jargon when plain language would suffice in describing your situation.
Source transparency
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