Official form guide
Form F43: Application for order about industrial action
Form F43 is the Fair Work Commission’s application to get a court‑ordered right to view records or documents held by a non‑member that may relate to a breach of the Fair Work Act. Use it when you hold an entry permit and need access to those records.
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Form Overview
Fair Work Commission Form F43 - Application for order about industrial action
Form F43 is the Fair Work Commission’s application to get a court‑ordered right to view records or documents held by a non‑member that may relate to a breach of the Fair Work Act. Use it when you hold an entry permit and need access to those records.
Risk Radar
Scan points- 1Most people forget to serve the required notice on the occupier and affected employer.
- 2Leaving the representative section blank when you have a lawyer or paid agent.
- 3Failing to attach supporting documents.
- 4Not serving the application and notice on occupiers/employers promptly.
- 5Submitting without a signature or typed name.
Plain English
If you have a Fair Work entry permit and suspect a company is breaking the law, you can ask the Commission for permission to see their files. This form asks for your details, any representative’s details, and a signature, then you send it to the Commission.
Submission Date
- Filing date: Not confirmed in official source.
- 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 hold a valid Fair Work Commission entry permit.
- You need an order to inspect or copy non‑member records.
- The records relate to a suspected breach of the Fair Work Act 2009 or a fair work instrument.
- The suspected breach must affect or relate to members of your union.
- You are not seeking access to member records.
Form selector
Use this form or another form?
Need a lawyer or paid agent at a hearing
Required to get Commission permission for representation
✓ Verify you have lodged Form F53
Form F53 – Notice of lawyer or paid agent
Applying for an entry permit to inspect premises
Different form is used for entry permits
✓ Check the Commission website for the correct form
Seeking order to access member records
This form only covers non‑member records
✓ Use the appropriate form for member records
Deadline or filing window
Not confirmed in official source.
Before you submit
- 1Confirm you hold a current entry permit issued by the Commission.
- 2Complete all applicant details: title, name, organisation, contact info (p.4).
- 3Specify the exact non‑member records or documents you need (p.7).
- 4Provide clear grounds: suspected contravention, relevance to members, necessity (p.7).
- 5Attach any supporting evidence for the suspected breach.
- 6Include the required notice about subrule 80(3) when serving the application (p.1).
- 7Sign the form as Permit Holder or Representative; type name if electronic (p.9).
- 8Indicate if you need an interpreter.
- 9Attach extra pages for lengthy explanations if needed (p.7).
- 10Retain a copy for your records (p.9).
How to file this form
- 1Lodge the completed form and supporting documents by email to [email protected], or by post/in person at your state or territory office.
- 2If the Commission has not ordered otherwise, serve a copy of the application and the subrule 80(3) notice on each occupier and affected employer as soon as practicable.
- 3Ensure the served documents include the notice that explains the effect of subrule 80(3).
- 4Keep a dated copy of the filed form and proof of service.
- 5Monitor your email or post for any response or order from the Commission.
Known limitations
- 1The order only covers non‑member records; member records require a different application.
- 2You must have a valid entry permit; the Commission will consider any permit conditions.
- 3The Commission can refuse the order if it is not necessary to investigate the suspected contravention.
- 4Representation by a lawyer or paid agent at a hearing needs prior permission via Form F53.
- 5The form does not guarantee that the requested records will be provided.
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 F43 is the current approved version, effective from 17 September 2025.
What changed or needs a fresh check
- Check the form version date – approved from 17 September 2025 (p.1).
- Confirm you attach the notice required by subrule 80(3) of the Commission Rules 2024 (p.1, p.4).
- Verify the ‘Authority to sign’ field reflects either Permit Holder or Representative (p.9).
- Review any conditions on your entry permit before applying (p.1).
Quick Facts
Downloads & source
Sources
- SRCForm approved with effect from 17 September 2025p.1.
- SRCOnly union officials with a valid entry permit may applyp.1.
- SRCApplication seeks order to inspect or copy non‑member recordsp.1.
- SRCLodging options: email, post, or in personp.1.
- SRCService requirement: copy of application + subrule 80(3) noticep.1.
- SRCRepresentation permission via Form F53p.2.
- SRCAuthority to sign field optionsPermit Holder or Representative – p.9.
Common confusion points
Thinking the form can be used for member records.
Forgetting to attach the required subrule 80(3) notice when serving the application.
Assuming representation is automatically allowed without filing Form F53.
Using the wrong form for applying for an entry permit.
Not specifying the records clearly, leading to a vague order.
Overlooking the need to serve both occupier and affected employer.
Source transparency
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