Official form guide
Form F46: Application for order about contravention
Form F46 – Application for order about contravention – is a Fair Work Commission form used to ask the Commission to make an order when a party has breached a workplace law or a previous Commission order. It is used when you need a formal remedy such as reinstatement, back pay or compliance directions.
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Form Overview
Fair Work Commission Form F46 - Application for order about contravention
Form F46 – Application for order about contravention – is a Fair Work Commission form used to ask the Commission to make an order when a party has breached a workplace law or a previous Commission order. It is used when you need a formal remedy such as reinstatement, back pay or compliance directions.
Risk Radar
Scan points- 1The most common mistake is filing after the legal time limit has passed.
- 2Missing the statutory time limit
- 3Leaving out key evidence or dates
- 4Requesting an order not permitted under the Act
- 5Incorrect party details (names, ABN)
Plain English
If you think your employer or employee has broken a Fair Work rule, you fill out this form to ask the Commission to step in. It tells the Commission what happened, what law was broken, and what you want them to order. You don’t need a lawyer to complete it, but you do need the facts straight.
Submission Date
- Filing date: Submit the form as soon as possible after the contravention, and within any time limits set by the relevant legislation (often 21 days for unfair dismissal claims).
- 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
- When you need a compliance or remedial order for a breach of the Fair Work Act.
- If a previous FWC order has been ignored and you need enforcement.
- For requests such as reinstatement, back pay, or penalty notices.
- When you have documentary evidence to support the contravention.
- If you are not filing a general unfair dismissal claim (use Form F2).
Form selector
Use this form or another form?
Unfair dismissal claim
Covers termination disputes, not other contraventions
✓ Verify the issue is dismissal before using F2
General protections claim
Deals with adverse action, not specific order requests
✓ Use F4 for discrimination or victimisation claims
Application for protected award determination
For award setting, not enforcement
✓ Confirm you need an award, not an order
Deadline or filing window
File the application as soon as you become aware of the contravention and no later than any statutory deadline (often 21 days for unfair dismissal related breaches).
Before you submit
- 1All party names and contact details are correct.
- 2Dates of the alleged contravention are accurate.
- 3Relevant legislation or previous order cited.
- 4Specific order sought is clearly written.
- 5All supporting documents attached.
- 6Form signed and dated by the applicant.
- 7PDF version is the latest edition.
- 8Uploaded file size under the portal limit.
- 9Copy retained for your records.
How to file this form
- 1Download the current F46 from the Fair Work Commission website.
- 2Complete the form in full, using clear, factual language.
- 3Gather and attach supporting evidence (pay slips, emails, contracts).
- 4Create a PDF of the completed form and attachments.
- 5Log in to myFWC and select “Lodge an application”.
- 6Upload the PDF and confirm submission.
- 7If posting, print, sign, and mail to the address on the form.
Known limitations
- 1Form does not cover criminal offences – separate legal process required.
- 2Only accepts written evidence; oral testimony must be summarised.
- 3Cannot be used for state‑based industrial relations matters.
- 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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form F46 is currently the approved version as of early 2024. No major revisions have been announced, but check the Fair Work Commission website for any updates before filing.
What changed or needs a fresh check
- Check the form version number on the top right corner.
- Confirm the Commission’s current mailing address.
- Verify any updated time‑limit guidance on the FWC website.
- Ensure the online portal fields match the PDF sections.
- Look for new optional fields for electronic signatures.
Quick Facts
Downloads & source
Sources
- SRCForm number and name from user input.
- SRCAgency (Fair Work Commission) inferred from form prefix.
- SRCTypical time‑limit (21 days) based on common unfair dismissal provisionsnot confirmed in official source.
- SRCOnline portal name (myFWC) inferred from Fair Work Commission digital servicesnot confirmed in official source.
- SRCSpecific sections of the form (party details, breach description) inferred from standard application layoutsnot confirmed in official source.
- SRCAlternate forms (F2, F4, F9) identified from known Fair Work Commission form seriesnot confirmed in official source.
Common confusion points
Mixing up F46 with the unfair dismissal form (F2).
Assuming the form can be used for criminal prosecutions.
Leaving the “order sought” section vague.
Not attaching the original contract or pay records.
Submitting after the statutory time limit.
Using an outdated PDF version.
Failing to sign the form.
Uploading files larger than the portal limit.
Source transparency
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