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Official form guide

Form F59: Application for order about parental leave

This form is an Application for order about parental leave issued by the Fair Work Commission. Use it when you need the Commission to make a formal decision regarding your parental leave entitlements or arrangements.

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Form Overview

Fair Work Commission Form F59 - Application for order about parental leave

This form is an Application for order about parental leave issued by the Fair Work Commission. Use it when you need the Commission to make a formal decision regarding your parental leave entitlements or arrangements.

The form captures details about the specific leave period requested. It also includes declarations confirming your eligibility for various types of parental leave under Australian workplace laws.

Risk Radar

Scan points
  • 1Do not forget to clearly state *what* order you want the Commission to make!
  • 2Not specifying the exact type of parental leave required.
  • 3Failing to provide current employment details.
  • 4Submitting the form without attaching supporting evidence (like an offer letter).
  • 5Vague description of the dispute or issue.

Plain English

Simply put, this lets you ask the Fair Work Commission to step in and rule on something related to your time off as a new parent. If you and your employer can't agree on details, this is how you get an official ruling.

Submission Date

  • Filing date: Submit this when you have a dispute or uncertainty regarding your parental leave arrangements. There is no fixed deadline unless specified by your employer or situation.
  • 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

Hover a term to preview the meaning.

What this form is for

  • You need the Commission to formally decide an issue with your parental leave.
  • Your employer and you disagree on how much parental leave you are entitled to.
  • You need the Commission to approve a change in your planned parental leave dates or arrangements.
  • You require a formal ruling if your employer is refusing to grant standard parental leave.

Form selector

Use this form or another form?

Dispute over Pay Rate

Use this if the issue is about how much you are paid during leave, not just the leave itself.

Check if the dispute relates to entitlement or payment.

Application for determination of pay rate

Requesting Flexible Work Arrangement

Use this if the parental leave arrangement includes a request for ongoing flexibility afterward.

Ensure your request is clearly linked to your leave period.

Form related to flexible work

General Employment Dispute (other)

Use this if the issue isn't specifically about entitlement or dates, but another aspect of your employment during parental leave.

Confirm the dispute falls under parental leave provisions first.

General application form

Deadline or filing window

While there is no universal deadline listed in the form itself, aim to submit it as soon as a disagreement arises or before your leave start date.

Before you submit

  1. 1Have you filled in your full name and contact details correctly?
  2. 2Is the employment relationship (e.g., employee, contractor) clearly stated?
  3. 3Have you specified *what* order you are asking the Commission to make?
  4. 4Are all dates related to the parental leave clearly entered?
  5. 5If applicable, have you attached supporting documents (like award letters or contracts)?
  6. 6Is the required signature present and legible?

How to file this form

  1. 1Complete Form F59 thoroughly using clear, plain language.
  2. 2Attach all relevant evidence supporting your case (e.g., payslips, employment contract).
  3. 3Sign and date the application where indicated on the form.
  4. 4Submit the completed form via the Fair Work Commission online portal or mail it to their office.

Known limitations

  1. 1This form alone does not guarantee a positive outcome; it only applies for an order.
  2. 2The specific legal grounds for your application are determined by you, not automatically by the form.
  3. 3If you are applying via myGov, ensure you link the submission correctly to your online case file.
  4. 4Not confirmed in official source: The maximum number of supporting documents allowed per submission.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK

This Form F59 is the standard application for seeking a formal order from the Fair Work Commission regarding parental leave. Check the FAIR_WORK website for any recent updates to this specific form version.

What changed or needs a fresh check

  • Check if the 'Date Issued' matches the current year.
  • Verify the form title is exactly 'Application for order about parental leave'.
  • Confirm the issuing agency listed is 'Fair Work Commission'.
  • Look for any specific section headings related to modern awards or agreements that may have changed.
  • Ensure there are no mandatory fields marked with a red asterisk (*) that you missed.

Quick Facts

Employees who are taking or planning parental leave, or their employers, need to complete and submit this form.
The form captures details about the specific leave period requested. It also includes declarations confirming your eligibility for various types of parental leave under Australian workplace laws.
Submit this when you have a dispute or uncertainty regarding your parental leave arrangements. There is no fixed deadline unless specified by your employer or situation.
You can submit this form via the Fair Work Commission online portal. Check the official F59 page for mailing addresses if submitting physically.
Submitting it correctly ensures the Commission processes your request promptly. Errors could lead to delays in receiving the order or an incorrect determination of your leave rights.
First, fill in all personal and employment details clearly. Next, specify exactly what kind of parental leave you are applying for (e.g., primary carer's leave). Finally, attach any supporting documents before lodging it via the FWC online portal.

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Sources

  • SRCAgency: Fair Work Commission
  • SRCForm Number: F59
  • SRCForm Name: Application for order about parental leave
  • SRCContext: Seeking formal Commission decision regarding parental leave.

Common confusion points

Confusing 'Entitlement' vs. 'Arrangement': Entitlement is *how much* leave you get; Arrangement is *when* and *how* you take it.

Thinking a letter to your boss is enough: A formal application (F59) forces the Commission to rule, which is stronger than just asking nicely.

Not knowing if you need an award or agreement: Check your contract first; this dictates which rules apply.

Forgetting to specify the *relief* needed: Don't just say 'I want parental leave'; state what specific order you need (e.g., 'Order that 12 weeks starts on X date').

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