🇦🇺FAIR WORKF40

Application for order about representation

The F40 form is an application to the Fair Work Commission seeking an order about representation in workplace relations proceedings. It's used when you need to request permission for a specific type of representation or to challenge the representation arrangements in a case.

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Form Overview

Application for order about representation

This form captures details about the current representation arrangements, the specific order being sought, and the reasons why the representation order should be made or varied.

Risk Radar

Many applicants fail to provide sufficient evidence showing why the requested representation order is necessary.
Filing without proper evidence to support your representation claim
Missing the opportunity to raise representation issues early in proceedings
Not understanding the Commission's rules about legal representation
Submitting incomplete information that doesn't clearly state the desired order

Plain English

This form lets you ask the Fair Work Commission to make decisions about who can represent you or others in a workplace dispute. Sometimes you might need special permission to have a lawyer or agent speak for you, or you might want to object to how someone else is being represented.

Submission Date

There's no statutory deadline for filing an F40, but representation issues should be raised as early as possible in proceedings to avoid delays. File at least 7 days before a hearing if possible.
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

special request agent

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Quick Facts

The F40 form can be filed by any party to proceedings before the Fair Work Commission, including employers, employees, or their representatives who need to address representation issues.

This form captures details about the current representation arrangements, the specific order being sought, and the reasons why the representation order should be made or varied.

Submit this form when representation issues arise in proceedings, either before a hearing or during proceedings when representation concerns emerge. There's no fixed deadline, but prompt submission is advisable.

File the F40 form through the Fair Work Commission's online portal if available, or by mail to the appropriate Fair Work Commission registry office. Check the Commission's website for current submission methods.

Submitting the correct representation order helps ensure fair proceedings and prevents delays. Errors in representation applications can lead to adjournments or unfavorable outcomes in your case.

Complete the form by providing your contact details, case number if known, details of the current representation, and the specific order you're seeking. Attach any supporting documents and submit through the appropriate channel. Keep a copy for your records.

What this form is for

• Use when you need permission for a lawyer to represent you in certain proceedings
• Use when you want to object to how another party is being represented
• Use when representation arrangements need to be changed during proceedings
• Use when you need to clarify who has authority to act on behalf of a party
• Don't use for standard representation by union officials or workplace delegates

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Requesting adjournment due to representation issues	F44 Application for adjournment	Time limits may apply	Check if representation issues can be resolved without adjournment
Applying for costs related to representation	F39 Application for costs	Different legal tests apply	Consider if costs are proportional to the issues
Seeking to appear as a friend of the Commission	F40 with specific sections	Different approval process	Ensure you understand your role limitations
Changing legal representatives during proceedings	F40 with variation request	Requires Commission approval	Verify all parties are notified

Deadline or filing window

There's no statutory deadline for filing an F40, but representation issues should be raised as early as possible in proceedings to avoid delays. File at least 7 days before a hearing if possible.

Before you submit

• Complete all sections of the form with accurate contact information
• Include the Fair Work Commission case number if known
• Clearly state the specific order you're seeking
• Provide detailed reasons supporting your application
• Attach any relevant supporting documents
• Keep a copy of the completed form and any attachments
• Verify submission method and location requirements

How to file this form

1Obtain the latest version of the F40 form from the Fair Work Commission website
2Complete all required sections with accurate information
3Prepare any supporting documents that justify your representation request
4Submit the form through the appropriate channel (online portal or mail)
5Serve a copy on all other parties to the proceedings
6Keep a record of your submission and any reference numbers
7Follow up if you don't receive acknowledgment within 7 business days

Known limitations

• The Commission may not grant representation orders that could cause unfairness or delay
• Not all types of representation require special permission under Commission rules
• The form doesn't apply to representation in Fair Work Ombudsman matters
• Complex representation issues may require separate legal advice
• The Commission has discretion to refuse representation applications

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Current Form Status

The F40 form is current and in use, but applicants should verify the latest version on the Fair Work Commission website before submitting.

Agency: Fair Work Commission