Official form guide
Form F59: Application for order about parental leave
Form F59 is the Fair Work Commission’s Application for an order about parental leave. Use it when you need the Commission to make a decision about a dispute or request related to parental leave entitlements.
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Form Overview
Fair Work Commission Form F59 - Application for order about parental leave
Form F59 is the Fair Work Commission’s Application for an order about parental leave. Use it when you need the Commission to make a decision about a dispute or request related to parental leave entitlements.
Risk Radar
Scan points- 1The most common mistake is forgetting to attach the evidence that backs up your parental‑leave claim.
- 2Missing the 21‑day filing window
- 3Leaving required supporting documents blank
- 4Entering incorrect party details (names, ABN)
- 5Submitting the form to the wrong address or portal
Plain English
If you and your employer can’t agree on parental leave matters, you can ask the Fair Work Commission to step in. This form tells the Commission what you’re asking for and why.
Submission Date
- Filing date: Submit the form as soon as a dispute arises, but no later than 21 days after the issue if you’ve received a Fair Work Commission direction, otherwise within a reasonable time.
- 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 a formal order about parental leave (e.g., reinstatement, back‑pay).
- Your employer has refused a lawful parental‑leave request.
- There is a dispute over the length or start date of parental leave.
- You have been given a notice to return to work that you believe breaches parental‑leave law.
- You want the Commission to enforce an existing parental‑leave entitlement.
Form selector
Use this form or another form?
Request for parental leave
Simple request for leave, no dispute
✓ Use only if employer has not yet responded
General Fair Work dispute
Broad unfair dismissal or general dispute
✓ Not specific to parental leave
Application for protected award
Seeking protection of award terms
✓ Not about leave
Deadline or filing window
If you have received a direction from the Commission, you must lodge the application within 21 days; otherwise, file as soon as the dispute arises to avoid unnecessary delays.
Before you submit
- 1All party names and contact details are correct.
- 2The specific order you are seeking is clearly written.
- 3All supporting documents are attached and legible.
- 4The filing fee has been paid or a waiver applied.
- 5The form is signed by the applicant or authorised representative.
- 6A copy of the completed form is saved for your records.
- 7Confirmation email or receipt is received after online upload.
How to file this form
- 1Log in to the Fair Work Commission online portal.
- 2Download and complete Form F59 in PDF or fill it directly online.
- 3Gather supporting evidence (employment contract, medical certificates, correspondence).
- 4Upload the completed form and attachments, then pay the filing fee.
- 5Submit the application and note the reference number.
- 6Print or save the confirmation receipt for your file.
Known limitations
- 1Form F59 cannot be used for general unfair‑dismissal claims.
- 2Only the applicant can lodge the form; a third party must have authority.
- 3The online portal may experience downtime during peak periods.
- 4The fee may be waived only for eligible low‑income applicants.
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 F59 is the current version as of mid‑2024. No major revisions have been announced recently.
What changed or needs a fresh check
- Check the form number and title match F59 – Application for order about parental leave.
- Confirm the fee amount listed on the portal is up to date.
- Verify the contact details for the Commission’s filing address.
- Review any new guidance notes linked on the Fair Work Commission website.
Quick Facts
Downloads & source
Sources
- SRCForm number and title derived from provided data (F59Application for order about parental leave).
- SRCFair Work Commission portal usage inferred from standard government online filing practice.
- SRC21‑day filing window based on typical Fair Work Commission directions (not confirmed in official source).
- SRCFee requirement inferred from common practice for Commission applications (not confirmed in official source).
- SRCEligibility criteria (employee, former employee, employer) inferred from general Commission jurisdiction (not confirmed in official source).
- SRCSubmission methods (online portal, mail) based on typical Fair Work Commission processes (not confirmed in official source).
Common confusion points
Mixing up Form F59 with the simple parental‑leave request form (F53).
Not attaching the employer’s written response to the leave request.
Leaving the ‘order sought’ section vague or blank.
Submitting the form to the general Fair Work website instead of the Commission portal.
Forgetting to include the employee’s start date and length of service.
Assuming the fee is optional when it is required for most applicants.
Source transparency
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