Official form guide
Form F46: Application for order about contravention
This form (F46) is an Application for order about contravention issued by the Fair Work Commission. Use it when you need the FWC to make a formal ruling or order regarding a breach of workplace laws.
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Form Overview
Fair Work Commission Form F46 - Application for order about contravention
This form (F46) is an Application for order about contravention issued by the Fair Work Commission. Use it when you need the FWC to make a formal ruling or order regarding a breach of workplace laws.
Risk Radar
Scan points- 1Don't forget to state *what* order you want the Commission to make!
- 2Failing to specify the exact nature of the contravention.
- 3Not providing enough factual detail about the workplace issue.
- 4Requesting an order that is too vague (e.g., just saying 'fix it').
- 5Submitting without referencing supporting evidence documents.
Plain English
Simply put, this is how you ask the Fair Work Commission to step in and fix a problem at work. You use it when an employer or employee has broken a rule that the FWC oversees. It starts the process for getting a formal decision made about that breach.
Submission Date
- Filing date: Submit this when a breach occurs or when you need an official ruling on a past event. There is no fixed deadline mentioned, but prompt submission is advised.
- 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 FWC to make a specific ruling on a breach of employment law.
- The situation is serious enough that you require an official order, not just mediation or advice.
- Use this when another party has clearly broken a workplace rule (a contravention).
- This form applies when seeking an active resolution, rather than filing a general complaint.
Form selector
Use this form or another form?
Dispute is minor and you want mediation first
You prefer negotiation over immediate ruling
✓ Check if the issue fits F46's scope.
Application for Dispute Resolution (or similar)
You just need advice on a potential breach
You aren't sure if it's a contravention yet
✓ See if the request is advisory or requires an order.
It involves unfair dismissal specifically
The issue is strictly termination related
✓ Check if F46 covers broader breaches.
Unfair Dismissal Application (specific form)
You are lodging a general workplace complaint
You want the FWC to look at it, but don't need an order yet
✓ Confirm if the request demands a formal 'order'.
General Complaint Form (if available)
Deadline or filing window
There is no set deadline listed on the form itself. Submit it as soon as the contravention happens or immediately after a dispute arises.
Before you submit
- 1Have you clearly identified *who* contravened the law?
- 2Is the exact nature of the contravention described in detail?
- 3Have you specified what order you are asking the FWC to make (the remedy)?
- 4Are all dates related to the breach and required action filled out correctly?
- 5Do you have copies of evidence ready to attach (payslips, emails, etc.)?
- 6Is your contact information accurate for follow-up by the FWC?
How to file this form
- 1Complete all sections of Form F46 thoroughly.
- 2Gather and label all supporting evidence documents.
- 3Determine if you must submit via the Fair Work Commission online portal or hard copy.
- 4Pay any required filing fees (check the current fee schedule).
- 5Submit the form and evidence to the correct FWC office/portal.
- 6Keep a record of your submission date and method.
Known limitations
- 1This form does not guarantee the FWC will make an order in your favour.
- 2The complexity of your case might require additional forms or annexures beyond F46 itself.
- 3Not confirmed in official source: There is no confirmation on whether a specific jurisdiction (e.g., NSW vs VIC) requires slight modifications to F46.
- 4If you file late, the FWC may reject it without review.
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->This Form F46 is the standard application used to ask the Fair Work Commission (FWC) for a formal order about a workplace law contravention. It remains a key document for initiating disputes within Australian workplaces.
What changed or needs a fresh check
- Check for any changes in required supporting documentation listed.
- Verify the current contact details and address of the Fair Work Commission.
- Confirm if there are new digital submission requirements (e.g., mandatory upload fields).
- Look for updates regarding specific Acts or modern awards referenced on the form.
- Ensure the form reflects any recent changes to FWC fee structures.
Quick Facts
Downloads & source
Sources
- SRCAgency: Fair Work Commission (FAIR_WORK)
- SRCForm Number: F46
- SRCPurpose: Application for order about contravention
- SRCContext: Used when seeking a formal ruling on a breach of workplace law.
- SRCNot confirmed in official source: The exact required supporting documents list is not provided here.
Common confusion points
Confusing 'Contravention' with 'Dispute': A contravention is the *act* of breaking the law; the dispute is the argument over whether that act happened or what should happen next.
Not knowing the specific remedy: People often fill out F46 without clearly stating they want an order for, say, back pay instead of just 'a ruling'.
Filing too vaguely: Stating 'My employer broke the law' is not enough; you must state *which* law and *how* it was broken.
Assuming automatic processing: Submitting F46 does not mean an order is instant. The FWC needs time to process and hear evidence.
Source transparency
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