Fair Work Australia Rules 2010 (Cth)

Fair Work Australia Rules 2010¹

as amended

made under section 609(1) of the

Fair Work Act 2009

This compilation was prepared on 24 February 2012 taking into account amendments up to Fair Work Australia Amendment Rules 2012 (No. 1) (F2012L00028).

Prepared by the Department of Education, Employment and Workplace Relations.

Contents

Part 1General 6

Name of Rules 6

Commencement 6

Definitions 6

Relief from Rules 6

Directions on procedure 7

Forms 7

Lodging documents with FWA 7

Requirement to serve documents lodged with FWA 8

How service is effected 8

Substituted service 11

Electronic signatures 11

Part 2Appeals and reviews 12

Appeals 12

Review on application by Minister 12

13AOther reviews 12

Part 3Unfair dismissal 13

Applications may be made by telephone 13

14AEmployer response to an application for an unfair dismissal remedy 13

Objection to an application for unfair dismissal remedy 13

Security for the payment of costs 14

Part 4General protections applications 15

16AEmployer response to a general protections application 15

Part 4AUnlawful termination applications 16

16AAEmployer response to an unlawful termination application 16

Part 5Take-home pay order applications 17

16BEmployer response to a take-home pay order application 17

Part 6Practice 18

Notice of representative commencing or ceasing to act 18

17ARepresentation other than at conference or hearing 18

Order to witness to attend 18

Order for production of documents 18

Lodging documents by email 19

Lodging documents by fax 20

Part 7Miscellaneous 21

Seal of FWA 21

Recovery of cost of providing copies of documents 21

Part 8Transitional 22

WR Act applications 22

Part 9Repeal 23

Fair Work Australia Rules 2009 23

Schedule 1Table of forms contained in Schedule 2 24

Schedule 2Forms 29

Form F1Application (No specific form provided) 29

Form F2Application for Unfair Dismissal Remedy 32

Form F3Employer’s Response to Application for Unfair Dismissal Remedy 36

Form F4Objection to Application for Unfair Dismissal Remedy 39

Form F5Application for Security for Payment of Costs 41

Form F6Application for Costs 43

Form F7Notice of Appeal 44

Form F8Application for FWA to Deal with a General Protections Dispute 47

Form F8AEmployer’s Response to Application for FWA to Deal with a General Protections Dispute 52

Form F9Application for FWA to Deal with an Unlawful Termination Dispute 55

Form F9AEmployer’s Response to Application for FWA to Deal with an Unlawful Termination Dispute 60

Form F10Application for FWA to Deal with a Dispute in Accordance with a Dispute Settlement Procedure 62

Form F11Application for FWA to Deal with a Bargaining Dispute 66

Form F12Application for FWA to Deal with a Right of Entry Dispute 69

Form F13Application for FWA to Deal with a Stand Down Dispute 71

Form F14Application for an Order to Stop etc. (Unprotected) Industrial Action 73

Form F16Application for Approval of Enterprise Agreement 75

Form F17Employer’s Declaration in Support of Application for Approval of Enterprise Agreement 80

Form F18Declaration of Employee Organisation in relation to an Application for Approval of Enterprise Agreement 87

Form F19Application for Approval of Greenfields Agreement 90

Form F20Employer’s Declaration in Support of Application for Approval of Greenfields Agreement 93

Form F21Declaration of Employee Organisation in Support of Application for Approval of Greenfields Agreement 101

Form F23Application for Approval of Variation of Enterprise Agreement 104

Form F23AEmployer’s Declaration in Support of Approval of Variation of Enterprise Agreement 108

Form F23BDeclaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement 114

Form F24Application for Termination of Enterprise Agreement 117

Form F25Application to Vary Transitional Instrument to Remove Ambiguities etc. 120

Form F28Application for Termination of Collective Agreement-based Transitional Instrument 122

Form F29Application for Approval of Termination of Individual Agreement-based Transitional Instrument 125

Form F30Application for a Majority Support Determination 128

Form F31Application for a Scope Order 131

Form F32Application for a Bargaining Order 134

Form F33Application for a Serious Breach Declaration 137

Form F34Application for a Protected Action Ballot Order 139

Form F35Application for Variation of a Protected Action Ballot Order 142

Form F36Application for Revocation of a Protected Action Ballot Order 144

Form F37Application for an Order to Suspend or Terminate Protected Industrial Action 146

Form F38Application for an Order for Extension of a Suspension of Protected Industrial Action 149

Form F39Application for an Order in Relation to Partial Work Bans 151

Form F40Application for Orders in Relation to Transfer of Business 153

Form F41Application to Vary a Transferable Instrument 155

Form F42Application for an Entry Permit 157

Form F43Application for an Order for Access to Non-Member Records 161

Form F44Application for an Exemption from Requirement to Provide Entry Notice 164

Form F45Application for an Affected Member Certificate 166

Form F46Application to Vary a Modern Award 168

Form F47Application to Vary a Pre-reform or Transitional Award 170

Form F47AApplication for a Take-home Pay Order (Individual Employee/Outworker) 172

Form F47BResponse to Application for a Take-home Pay Order (Individual Employee/Outworker) 175

Form F47CApplication for a Take-home Pay Order (Multiple Employees/Outworkers) 177

Form F47DResponse to an Application for a Take-home Pay Order (Multiple Employees/Outworkers) 181

Form F48Application for Directions on Procedure 183

Form F49Application for Order for Substituted Service 185

Form F50Notice of Discontinuance 187

Form F51Order Requiring a Person to Attend Fair Work Australia 188

Form F52Order Requiring Production of Documents etc. to Fair Work Australia 190

Form F53Notice of Representative Commencing to Act 192

Form F54Notice of Representative Ceasing to Act 193

Form F55Application by an Association of Employers for Registration as an Organisation 195

Form F56Application by an Association of Employees (Other than an Enterprise Association) for Registration as an Organisation 197

Form F57Application by an Enterprise Association of Employees for Registration as an Organisation 199

Form F58Notice of Objection to the Registration of an Association 201

Form F59Application for Leave to Change Name*/and to Alter Rules* 203

Form F60Application by an Organisation for Cancellation of Registration 204

Form F61Notice of Objection to the Cancellation of Registration of an Organisation 205

Form F62Application for Cancellation of Registration of an Organisation 206

Form F63Ballot Paper Chosen by Organisation in Relation to Proposed Amalgamation 207

Form F64Ballot Paper in Relation to Proposed Amalgamation 208

Form F65Ballot Paper Chosen by Organisation and Containing an Alternative Provision in Relation to Proposed Amalgamation 209

Form F66Ballot Paper Containing an Alternative Provision in Relation to Proposed Amalgamation 211

Form F67Application for Consent to Change the Name of an Organisation 213

Form F68Application for Consent to the Alteration of Eligibility Rules of an Organisation 214

Form F68AApplication for Consent to the Alteration of Eligibility Rules of an Organisation by General Manager 216

Form F69Application for Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009 218

Form F70Application for Renewal of Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009 220

Form F71Application for a Representation Order 222

Notes 224

Part 1 General

Name of Rules

These Rules are the Fair Work Australia Rules 2010.

Commencement

These Rules commence on 1 January 2011.

Definitions

In these Rules:

Act means the Fair Work Act 2009.

FWA means:

(a) Fair Work Australia; or

(b) an FWA Member; or

(c) a Full Bench of FWA; or

(d) a person holding a delegation from the President or the General Manager to perform the act or function concerned;

as the context requires.

FWA Bulletin means the publication, prepared and published by the General Manager of FWA, that sets out:

(a) notices required by these Rules to be published in that Bulletin; and

(b) other information concerning notice of matters before FWA or the practice and procedure of FWA.

Regulations means the Fair Work Regulations 2009.

RO Act means the Fair Work (Registered Organisations) Act 2009.

RO Regulations means the Fair Work (Registered Organisations) Regulations 2009.

Transitional Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

WR Act means the Workplace Relations Act 1996.

Note The Fair Work Act 2009 defines other words and phrases that apply to these Rules, including:

·General Manager.

Relief from Rules

FWA may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.

Directions on procedure

5.1 If a person seeks to commence a proceeding or take any step in a proceeding, and:

(a) the procedure to be followed is not prescribed by the Act, the Regulations, these Rules or by or under any other Act or Regulations; or

(b) the person is in doubt as to the correct procedure to be followed;

the person may apply to FWA for directions regarding the correct procedure to be followed.

5.2 Any act taken in accordance with a direction of FWA given in response to an application under subrule 5.1 is regular and sufficient.

Forms

6.1 Schedule 1 is a table of the forms contained in Schedule 2.

6.2 Subject to these Rules:

(a) an application to FWA must be made using the form in Schedule 2 that is specified for the purpose in Schedule 1; and

(b) notice must be given to FWA using the form in Schedule 2 that is specified for the purpose in Schedule 1.

6.3 Subject to rule 24, an application to FWA for which no specific form is provided must be made using Form F1.

6.4 If these Rules require that a form be used, it is sufficient compliance if the document:

(a) is substantially in accordance with the required form; or

(b) has only such variations as the nature of the case requires.

6.5 Forms F55 to F70 are approved forms for the purposes of the RO Regulations.

Lodging documents with FWA

7.1 A document lodged for use by FWA must:

(a) either:

(i) be on white international A4 size paper; or

(ii) if the document is being lodged by email — have an A4 page layout; and

(b) be typewritten, clearly written or reproduced.

7.2 A document may be lodged with FWA:

(a) by physically delivering the document to a FWA office between the hours of 9am and 5pm; or

(b) by email (see rule 20); or

(c) by fax (see rule 21); or

(d) if FWA has made provision on its website for lodging a document by completing and submitting a web-based form — by completing and submitting that form in accordance with the instructions accompanying the form on the website.

Note 1 FWA’s website is The addresses of FWA offices can be found at application for an unfair dismissal remedy may also be made by phone (see rule 14).

7.3 The first page of a witness statement, statutory declaration or submission that is lodged with FWA must be headed in the following form:

IN FAIR WORK AUSTRALIA

Matter No.: [insert matter number]

Applicant: [insert name of applicant]

Respondent: [insert name(s) of respondent(s)]

or, if there is no respondent:

IN FAIR WORK AUSTRALIA

Matter No.:[insert matter number]

Re Application by: [insert name of applicant]

7.4 The first page of a witness statement, statutory declaration or submission lodged with FWA must also have an information block at the foot of the first page in the following form:

Lodged by

[party e.g. Applicant]
Telephone:

Address for Service: Fax:

Email:

Requirement to serve documents lodged with FWA

8.1 A person who makes an application or gives a notice to FWA must serve a copy of the application or notice in accordance with the instructions as to service on the form for the application or notice.

8.2 If an application is made using Form F1, the applicant may seek directions from FWA as to the service that is required.

How service is effected

9.1 Subject to these Rules, and any directions of FWA, a party that is required to serve a document on another party, or other parties, to a proceeding must serve the document as soon as practicable.

9.2 Service of a document on an individual, a body corporate or an organisation or branch of an organisation must be effected:

(a) by leaving the document with:

(i) the individual to whom it is addressed; or

(ii) the secretary of the body corporate; or

(iii) the secretary of the organisation or branch; or

(b) by tendering the document to:

(i) the individual to whom it is addressed; or

(ii) the secretary of the body corporate; or

(iii) the secretary of the organisation or branch; or

(c) by leaving the document:

(i) with an individual, apparently above the age of 15 years, at the residence, or usual place of business, of the individual who is intended to be served; or

(ii) at the registered office of the body corporate; or

(iii) at the office of the organisation or branch; or

(iv) in a proceeding in which the individual, body corporate or organisation or branch has notified an address for service — at that address; or

(d) by posting the document in a prepaid envelope sent by Express Post or registered post to:

(i) the residence, or usual place of business, of the individual intended to be served; or

(ii) the secretary, at the registered office of the body corporate; or

(iii) the secretary, at the office of the organisation or branch; or

(iv) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address;

provided that if service is by Express Post, the party serving the document must retain the barcode of the pre-paid envelope and produce it if required by FWA; or

(e) by fax to a fax number:

(i) currently published by the party who is being served as his, her or its fax number; or

(ii) advised by the party who is being served as his, her or its fax number in response to a request for a fax number that was made immediately before the transmission of the document; or

(iii) appearing as the fax number of the party who is being served on a document lodged with FWA by that party in the same matter;

provided that a transmission record showing the successful transmission is retained and produced if required by FWA; or

(f) by emailing the document to an email address:

(i) currently published by the party who is being served as his, her or its email address; or

(ii) advised by the party who is being served as his, her or its email address in response to a request for an email address that was made immediately before the transmission of the document; or

(iii) appearing as the email address of the party who is being served on a document lodged with Fair Work Australia by that party in the same matter;

provided that the party who is serving the document:

(iv) prints the email as a “sent item”, showing the transmission address and the date and time of transmission; or

(v) prints a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission;

and that the document so printed is retained and produced if required by FWA; or

(g) if:

(i) the person to be served is an employee of the party who is serving the document; and

(ii) a common form of communication between the employer and the employee is by email to a particular email address; and

(iii) it is reasonable for the employer to expect that an email to that email address will be received by the employee;

by emailing the document to that email address, provided that the employer:

(iv) prints the email as a “sent item”, showing the transmission address and the date and time of transmission; or

(v) prints a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission;

and that the document so printed is retained and produced if required by FWA.

9.3 For subrule 9.2:

registered office, in relation to a body corporate, means the principal office or the principal place of business of the body corporate.

secretary, in the case of a body corporate that is established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate.

9.4 For section 29 of the Acts Interpretation Act 1901, if service of a document is effected by posting it in accordance with paragraph 9.2 (d), a certificate:

(a) signed by:

(i) a person occupying, or performing the duties of, the office of a General Manager, Australian Postal Corporation; or

(ii) a person authorised in writing by that person to give a certificate under this subrule; and

(b) stating that a letter that was posted (with prepaid postage) at a specified time, on a specified day and at a specified place, and addressed to a specified address, would, in the ordinary course of the post, have been delivered at that address on a specified day;

is evidence of the facts stated.

Substituted service

If provision is made for personal, or other, service of a document in a proceeding before FWA, FWA may, on the application of a party, make an order for substituted, or other, service by letter, fax, email, public advertisement or another method, for the purpose of bringing the document to the notice of the person to be served.

Note The form of an application for substituted service is Form F49 in Schedule 2.

Electronic signatures

If a document, other than a statutory declaration, is required by these Rules to be signed, the requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means by, or at the direction of, the signatory.

Part 2 Appeals and reviews

Appeals

12.1 A party seeking to institute an appeal against a decision of a single FWA Member (or a person exercising a delegation from the President or the General Manager) must do so by lodging a notice of appeal in accordance with Form F7.

12.2 If an appeal is instituted against a decision of a single FWA Member, the appellant, at the time of lodging the notice of appeal, must also lodge 3 copies of the notice, together with 3 copies of a paginated appeal book containing:

(a) any order made by FWA; and

(b) the statement of the reasons for the decision; and

(c) the transcript of the evidence and argument in the proceedings from which the appeal is brought, or the relevant extract from the transcript; and

(d) each document that:

(i) was an exhibit or written submission in the proceedings; and

(ii) relates to the grounds of appeal set out in the notice.

12.3 An appeal must be instituted:

(a) within 21 days after the date of the award, order or decision appealed against; or

(b) on application to FWA — within such further time as is allowed.

12.4 On lodging a notice of appeal, the appellant must, as soon as practicable, serve a copy of the notice of appeal and the appeal book lodged in accordance with subrule 12.2 on the other parties to the proceedings from which the appeal is brought.

Review on application by Minister

The procedure to be followed in an application under section 605 of the Act must be generally in accordance with the procedure prescribed by rule 12.

13A Other reviews

If legislation confers on FWA a jurisdiction to review a decision made by a decision maker other than FWA (or a person exercising a delegation from the President or the General Manager), and the legislation does not specify a time within which the review must be instituted, a person aggrieved who seeks a review of the decision must file an application for review, using Form F1:

(a) within 21 days after the date of the decision; or

(b) on application to FWA — within such further time as is allowed.

Part 3 Unfair dismissal

Applications may be made by telephone

Despite rule 6, an application for an unfair dismissal remedy may be made by telephone at a telephone number approved for that purpose, provided that:

(a) the applicant pays the application fee prescribed in the Regulations by credit card, or applies for a waiver of the fee at the time the telephone application is made; and

(b) the applicant signs and returns to FWA a copy of the written application generated by FWA (amended as necessary to correct any errors) together with a completed application for waiver if a waiver of the fee has been sought.

Note 1 The telephone number approved for making an application for an unfair dismissal remedy by telephone can be found on FWA’s website at:

written application generated by FWA, and any application for waiver of the fee, will be sent by FWA to the person who makes a telephone application under this rule.

Note 3 A telephone application will not be accepted unless the requirement in (a) is complied with. An application made under this rule will not be further processed by FWA until the requirement in (b) has been complied with.

14A Employer response to an application for an unfair dismissal remedy

A respondent to an application for an unfair dismissal remedy (Form F2) must lodge with FWA and serve on the applicant a response to the application in accordance with Form F3 within the time specified by, or directed in correspondence from, FWA.

Objection to an application for unfair dismissal remedy

A respondent to an application for an unfair dismissal remedy who wishes to take a jurisdictional or other objection to the application must:

(a) indicate the objection or objections in the Employer’s Response to Application for Unfair Dismissal Remedy (Form F3) that was lodged by the respondent; or

(b) if the objection is, or the objections are, taken at a later time — lodge an Objection to Application for Unfair Dismissal Remedy using Form F4.

Note 1 Information about the grounds upon which a respondent can object to an application for unfair dismissal remedy can be found on FWA’s website at:

rule is not concerned with an objection that the dismissal was fair but, rather, with objections that may need to be considered and determined separately before a conference or hearing on the merits of the application.

Security for the payment of costs

16.1 FWA may, on application, make an order directing a person to furnish security for the payment of costs in respect of a matter or part of a matter arising under Part 3-2 of the Act.

Note FWA will not ordinarily make such an order before the conclusion of conciliation.

16.2 The security must be of such amount, and furnished at such time and in such manner and form, as FWA directs.

16.3 FWA may, on further application:

(a) reduce or increase the amount of security directed to be given; and

(b) vary the time at which, or manner or form in which, the security is to be furnished.

16.4 Without limiting any other power which FWA may exercise, if FWA directs a person to furnish security for costs in respect of a matter or part of a matter arising under Part 3-2 of the Act, it may order that the matter be:

(a) adjourned until security is furnished; or

(b) adjourned indefinitely.

Part 4 General protections applications

16A Employer response to a general protections application

A respondent to an Application for FWA to Deal with a General Protections Dispute (see Form F8) must, within 7 days of being served with the application, lodge with FWA and serve on the applicant a response to the application in accordance with Form F8A.

Part 4A Unlawful termination applications

16AA Employer response to an unlawful termination application

A respondent to an Application for FWA to Deal with an Unlawful Termination Dispute (see Form F9) must, within 7 days of being served with the application, lodge with FWA and serve on the applicant a response to the application in accordance with Form F9A.

Part 5 Take-home pay order applications

16B Employer response to a take-home pay order application

16B.1 A respondent to an Application for a Take-home Pay Order (Individual Employee/Outworker) (see Form F47A) must, within 14 days of being served with the application, lodge with FWA and serve on the applicant a response to the application in accordance with Form F47B.

16B2 A respondent to an Application for a Take-home Pay Order (Multiple Employees/Outworkers) (see Form 47C) must, within 14 days of being served with the application, lodge with FWA and serve on the applicant a response to the application in accordance with Form F47D.

Part 6 Practice

Notice of representative commencing or ceasing to act

17.1 A person who commences to act as a solicitor, paid agent or other representative of a party to a matter already before FWA must lodge a notice in accordance with Form F53.

17.2 Subject to section 596 of the Act, FWA may permit a person to represent a party in a matter before FWA despite the person’s failure to lodge a notice in accordance with subrule 17.1.

17.3 A person who ceases to act as a solicitor, paid agent or other representative of a party to a matter before FWA must lodge a notice in accordance with Form F54.

17A Representation other than at conference or hearing

17A.1 For section 596 of the Act, and subject to a direction by FWA to the contrary, a party to a proceeding before FWA may be represented by a lawyer or paid agent for the purpose of preparing and/or lodging any written application (including an originating application) or written submission, corresponding with FWA or lodging any document with FWA.

17A.2 To remove doubt, nothing in this rule is to be taken as permitting a lawyer or paid agent to represent a party in a conference or hearing before FWA.

Note See section 596 of the Act for when FWA may permit a lawyer or paid agent to represent a party at a conference or hearing.

Order to witness to attend

18.1 A party may seek an order under paragraph 590(2)(a) of the Act requiring a person to attend by submitting a draft order in accordance with Form F51 to FWA.

18.2 If the order is made, service of the order must be effected by serving a copy of the signed order in accordance with rule 9.

Order for production of documents

19.1 A party may seek an order under paragraph 590(2)(c) of the Act for the production of documents or records or any other information by submitting a draft order in accordance with Form F52 to FWA.

19.2 If the order is made, service of the order must be effected by serving a copy of the signed order in accordance with rule 9.

Lodging documents by email

20.1 Subject to subrule 20.2, a document that is required or permitted to be lodged by these Rules may be lodged by emailing the document to FWA to any email address that is approved by the General Manager for the lodgment of documents electronically.

Note The email addresses approved for lodgment of documents electronically can be found on FWA’s website at:

If a matter has been allocated to an FWA Member, any document lodged by email must be sent to the email address of the FWA Member’s chambers.

Note The email addresses can be found on FWA’s website at:

If a document is to be lodged by email under this rule, the email must:

(a) include the document to be lodged:

(i) as an attachment in Word, RTF or PDF format or another format approved by the General Manager; and

(ii) with all security restrictions removed; and

(b) state, in the body of the email:

(i) the name, address, telephone number and fax number (if any) of the natural person sending the email; and

(ii) an email address to which FWA can send notices or other documentation; and

(iii) if the document is an originating application — that fact, together with the State or Territory office in which the document is to be lodged; and

(iv) if the document relates to an existing matter — the FWA matter number.

20.4 A statutory declaration that is required by these Rules may be lodged by email only by sending a PDF or other image of the statutory declaration in accordance with subrule 20.3.

Note A statutory declaration must be signed and witnessed.

20.5 If a document lodged in accordance with rule 20 is an application commencing a proceeding, the General Manager must send an acknowledgment of lodgment to the lodging party by email.

20.6 If a document lodged electronically in accordance with rule 20 is an application commencing a proceeding, it is taken not to have been lodged until the acknowledgment of lodgment mentioned in subrule 20.5 has been sent. When the acknowledgment is dispatched, the document will be treated as lodged at the time it was received electronically.

20.7 A person who lodges a document by email must:

(a) retain a paper copy of the document; and

(b) retain a paper copy of either:

(i) the receipt that indicates the document was delivered; or

(ii) the email as a “sent item” showing the transmission address and the date and time of transmission; and

(c) produce the paper copy of the documents retained under paragraphs (a) and (b), as directed by FWA.

Lodging documents by fax

21.1 A document that is required or permitted to be lodged by these Rules may be lodged by fax sent to the fax number that is approved by the General Manager for lodgment of documents by fax.

Note The fax numbers approved for lodgment of documents by fax can be found on FWA’s website at:

A document sent to FWA by fax must be accompanied by a cover sheet stating clearly:

(a) the sender’s name, postal address, document exchange number (if any), telephone number and fax number; and

(b) the number of pages transmitted; and

(c) the processing of the document required.

21.3 A person who lodges a document by fax under this rule must:

(a) keep the original document and the transmission report evidencing successful transmission; and

(b) produce the original document or the transmission report as directed by FWA or the General Manager.

21.4 If FWA or the General Manager directs that the original document be produced, the first page of the document must be endorsed with:

(a) a statement that the document is the original of a document sent by fax; and

(b) the date that the document was sent by fax.

Part 7 Miscellaneous

Seal of FWA

22.1 The seal mentioned in subsection 651(1) of the Act is in the form represented below:

22.2 If a document is required to have the seal affixed, the requirement is satisfied if a facsimile of the seal is affixed on the document by electronic means, by or at the direction of the person affixing the seal.

Recovery of cost of providing copies of documents

23.1 This rule applies if FWA proposes to provide a copy or copies of a document to a person (whether in the form of photocopies, fax transmission, electronic data, printed documents or otherwise).

23.2 The person must pay to FWA in advance an amount that FWA reasonably requires to be paid.

Part 8 Transitional

WR Act applications

Any application that could have been made under the WR Act, and that may be made to FWA by virtue of a provision of the Transitional Act or any other Act or regulation, may be made in accordance with the Australian Industrial Relations Commission Rules 2007 using the form specified in those rules. The form must be varied to identify that the application is made to FWA and identify the provision(s) that authorise the making of the application.

Note 1 An application for FWA to deal with a dispute in accordance with a dispute resolution procedure in an agreement made under the WR Act must be made using Form F10.

Note 2 An application for FWA to vary a pre-reform award must be made using Form F47.

Part 9 Repeal

Fair Work Australia Rules 2009

The Fair Work Australia Rules 2009 are repealed.

Schedule 1 Table of forms contained in Schedule 2

(subrule 6.1)

Description	Form	Rule	Legislation*
No Specific Form
Application (No specific form provided)	F1	6.3
Unfair Dismissal
Application for Unfair Dismissal Remedy	F2	s.394 FW Act
Employer’s Response to Application for Unfair Dismissal Remedy	F3	14A, 15
Objection to Application for Unfair Dismissal Remedy	F4	15
Application for Security for Payment of Costs	F5	16	s.404 FW Act
[Note: Forms for applications for FWA to deal with general protections or unlawful termination disputes appear in the Dispute Resolution section below.]
Costs
Application for Costs	F6	ss.376, 401, 611, 780 FW Act
Appeals
Notice of Appeal	F7	12	s. 604 FW Act
Dispute Resolution
Application for FWA to Deal with a General Protections Dispute	F8	ss.365, 372 FW Act
Employer’s Response to Application for FWA to Deal with a General Protections Dispute	F8A	16A
Application for FWA to Deal with an Unlawful Termination Dispute	F9	s.773 FW Act
Employer’s Response to Application for FWA to Deal with an Unlawful Termination Dispute	F9A	16AA
Application for FWA to Deal with a Dispute in Accordance with a Dispute Settlement Procedure	F10	s.739 FW Act, and transitional provisions re disputes under WR Act instruments
Application for FWA to Deal with a Bargaining Dispute	F11	s.240 FW Act
Application for FWA to Deal with a Right of Entry Dispute	F12	s.505 FW Act
Application for FWA to Deal with a Stand Down Dispute	F13	s.526 FW Act
Unprotected Industrial Action
Application for an Order to Stop etc. (Unprotected) Industrial Action	F14	ss.418, 419 FW Act
Enterprise Agreements
Application for Approval of Enterprise Agreement	F16	s.185 FW Act
Employer’s Declaration in Support of Application for Approval of Enterprise Agreement	F17	s.185 FW Act
Declaration of Employee Organisation in Relation to Application for Approval of Enterprise Agreement	F18	s.185 FW Act
Application for Approval of Greenfields Agreement	F19	s.185 FW Act
Employer’s Declaration in Support of Application for Approval of Greenfields Agreement	F20	s.185 FW Act
Declaration of Employee Organisation in Support of Application for Approval of Greenfields Agreement	F21	s.185 FW Act
Application for Approval of Variation of Enterprise Agreement	F23	s.210 FW Act
Employer’s Declaration in Support of Approval of Variation of Enterprise Agreement	F23A	s.210 FW Act
Declaration of Employee Organisation in Support of Approval of Variation of Enterprise Agreement	F23B	s.210 FW Act
Application for Termination of Enterprise Agreement	F24	ss.222, 225 FW Act
Transitional Instruments
Application to Vary Transitional Instrument to Remove Ambiguities etc.	F25	Sch 3, item 10 Transitional Act
Application for Termination of Collective Agreement-based Transitional Instrument	F28	Sch 3, items 15, 16 Transitional Act
Application for Approval of Termination of Individual Agreement-based Transitional Instrument	F29	Sch 3, items 17, 19 Transitional Act
Bargaining
Application for a Majority Support Determination	F30	s.236 FW Act
Application for a Scope Order	F31	s.238 FW Act
Application for a Bargaining Order	F32	s.229 FW Act
Application for a Serious Breach Declaration	F33	s.234 FW Act
Application for a Protected Action Ballot Order	F34	s.437 FW Act
Application for Variation of a Protected Action Ballot Order	F35	s.447 FW Act
Application for Revocation of a Protected Action Ballot Order	F36	s.448 FW Act
Application for an Order to Suspend or Terminate Protected Industrial Action	F37	ss.423–426 FW Act
Application for an Order for an Extension of a Suspension of Protected Industrial Action	F38	s.428 FW Act
Application for an Order in Relation to Partial Work Bans	F39	s.472 FW Act
Transfer of Business
Application for Orders in Relation to Transfer of Business	F40	ss.318, 319 FW Act
Application to Vary a Transferable Instrument	F41	s.320 FW Act
Right of Entry
Application for an Entry Permit	F42	s.512 FW Act
Application for an Order for Access to Non-member Records	F43	s.483AA FW Act
Application for an Exemption from Requirement to Provide Entry Notice	F44	s.519 FW Act
Application for an Affected Member Certificate	F45	s.520 FW Act
Awards
Application to Vary a Modern Award	F46	ss.157–160 FW Act
Application to Vary a Pre-reform or Transitional Award	F47	Sch 3, item 12 or Sch 20, Transitional Act
Take-home Pay Order
Application for a Take-home Pay Order (Individual Employee/Outworker)	F47A	Sch 5, item 9, Transitional Act
Response to Application for a Take-home Pay Order (Individual Employee/Outworker)	F47B	16B.1
Application for a Take-home Pay Order (Multiple Employees/Outworkers)	F47C	Sch 5, item 9, Transitional Act
Response to Application for a Take-home Pay Order (Multiple Employees/Outworkers)	F47D	16B.2
Procedural
Application for Directions on Procedure	F48	5
Application for Order for Substituted Service	F49	10
Notice of Discontinuance	F50	s.588 FW Act
Order Requiring a Person to Attend Fair Work Australia	F51	18	para 590(2)(a) FW Act
Order Requiring Production of Documents etc. to Fair Work Australia	F52	19	para 590(2)(c) FW Act
Notice of Representative Commencing to Act	F53	17.1	s.596(2) FW Act
Notice of Representative Ceasing to Act	F54	17.3	s.596(2) FW Act
Organisations
Application by an Association of Employers for Registration as an Organisation	F55	para 21(1)(a) FW (RO) Regs
Application by an Association of Employees (Other than an Enterprise Association) for Registration as an Organisation	F56	para 21(1)(a) FW (RO) Regs
Application by an Enterprise Association of Employees for Registration as an Organisation	F57	para 21(1)(a) FW (RO) Regs
Notice of Objection to the Registration of an Association	F58	reg 23 FW (RO) Regs
Application for Leave to Change Name/and to Alter Rules	F59	subreg 27(a) FW (RO) Regs
Application by an Organisation for Cancellation of Registration	F60	para 34(1)(a) FW (RO) Regs
Notice of Objection to the Cancellation of Registration of an Organisation	F61	paras 34(5)(a), 36(4)(a) FW (RO) Regs
Application for Cancellation of Registration of an Organisation	F62	para 35(1)(a) FW (RO) Regs
Ballot Paper Chosen by Organisation in Relation to Proposed Amalgamation	F63	para 60(2)(a) FW (RO) Regs
Ballot Paper in Relation to Proposed Amalgamation	F64	para 60(2)(b) FW (RO) Regs
Ballot Paper Chosen by Organisation and Containing an Alternative Provision in Relation to Proposed Amalgamation	F65	para 60(3)(a) FW (RO) Regs
Ballot Paper Containing an Alternative Provision in Relation to Proposed Amalgamation	F66	para 60(3)(b) FW (RO) Regs
Application for Consent to Change the Name of an Organisation	F67	para 121(1)(a) FW (RO) Regs
Application for Consent to the Alteration of Eligibility Rules of an Organisation	F68	para 121(1)(b) FW (RO) Regs
Application for Consent to the Alteration of Eligibility Rules of an Organisation by General Manager	F68A	para 125B(1)(a) FW (RO) Regs
Application for Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009	F69	para 128(1)(a) FW (RO) Regs
Application for Renewal of Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009	F70	para 129(3)(a) FW (RO) Regs
Application for a Representation Order	F71	s.137A FW (RO) Act

* Notes:

FW Act means Fair Work Act 2009;

FW (RO) Act means Fair Work (Registered Organisations) Act 2009;

FW (RO) Regs means Fair Work (Registered Organisations) Regulations 2009;

Transitional Act means Fair Work (Transitional Provisions and Consequential Amendments) Act 2009;

WR Act means Workplace Relations Act 1996.

Schedule 2 Forms

Form F1 Application (No specific form provided)

(Subrule 6.3, Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION (NO SPECIFIC FORM PROVIDED)

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent(s)

Name:
ABN: [If known]
Address:
Suburb:	State:	Postcode:
Contact person: [If known]
Telephone:	Mobile:
Fax:	Email:

The Applicant applies, pursuant to the provision(s) in part 1, for the order or relief set out in part 2 on the grounds specified in part 5.

1. Provision(s) under which application is made:

[Set out the provision(s) of the Act or other legislation under which the application is made.]

2. Order or relief sought:

[Set out the terms of the order or relief sought.]

3. What is the industry of the employer?

[Specify industry.]

4. Relevant industrial instrument(s) (if any):

[Set out any modern award, agreement or other industrial instrument relevant to the application and their ID/Code number(s) if known.]

5. Grounds:

[Using numbered paragraphs, set out the grounds, including particulars, upon which the Applicant relies in seeking such order or relief.]

Date:
Signature:
Name:
Capacity/Position:
[If not signed by the Applicant.]

Service requirements

This application must be served on the named Respondent(s) as soon as practicable after the application is lodged with FWA.

This application must also be served on other persons as directed by FWA if and when such direction(s) are given.

Note: Rules 9 and 10 deal with service.

Form F2 Application for Unfair Dismissal Remedy

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.: U

APPLICATION FOR UNFAIR DISMISSAL REMEDY

Fair Work Act 2009—s.394

[If you require information about completing and lodging this form, please go to or call 1300 799 675.]

Applicant (Employee)

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:	Postcode:
Email:	Telephone:
Fax:	Mobile:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Email:	Telephone:
Fax:	Mobile:

Respondent (Employer)

Legal name:
Trading name:
ABN: [If known]
Address:
Suburb:		State:	Postcode:
Contact person:
Email:	Telephone:
Fax:	Mobile:

1. What was the period of your employment?

Date employed:

Date notified of dismissal:

Date dismissal took effect:

2. What were the reasons for dismissal, if any, given by your employer?

[Using numbered paragraphs, briefly specify the reason(s), if any, given by the employer for your dismissal. Attach any letter of dismissal and/or separation certificate given to you by your employer.]

3. Why was the dismissal unfair?

[Using numbered paragraphs, give a description of the relevant facts and circumstances and specify why you say the dismissal was unfair. This should include your response to any reasons for dismissal given by the employer. Attach additional pages if necessary.]

4. For the purposes of participating in a conciliation conference do you think you need an interpreter other than a family member or friend?

[ ] Yes — language: [insert your first language]

[ ] No

Date:
Signature:
Name:
Capacity/Position:
[If not signed by the Applicant.]

Service requirements

This form will be served upon the Respondent by FWA.

Notice to the Respondent

A respondent must, within 7 days of being served with this application, lodge with FWA and serve on the applicant a response to the application in accordance with Form F3. A copy of that form can be downloaded at next page for application fee details.

Application fee

The legislation requires a fee to be paid on lodgment of this application with Fair Work Australia unless such requirement is waived by the General Manager on grounds of financial hardship. The fee is adjusted automatically from time to time. The current amount of the fee and information on seeking a waiver can be obtained by contacting FWA on 1300 799 675 or at

If an application is lodged at a FWA office, the fee can be paid by cash, cheque, money order or credit card (Visa or MasterCard).

If an application is lodged by mail, the fee can be paid by cheque, money order or credit card (in which case, provide credit card details below).

If an application is lodged by fax, the fee must be paid by credit card (provide credit card details below).

If an application is lodged by email or online in accordance with rule 7, credit card details must not be provided on this form. Payment of the fee can only be made via FWA’s eFiling facility at

[ ] cash

[ ] cheque/money order (to be made payable to: Collector of Public Monies, FWA)

[ ] Visa

[ ] MasterCard

Card number: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Card expiry date: __ __ / __ __

Cardholder’s name: ..............................................................................................

Signature: ...............................................................................................................

Any refund of the application fee will be forwarded to the Applicant at the address on the application form.

FWA use only

FWA Matter No.: U..................................................

Receipt No.: ............................................................. / Credit Transaction

Processed by: ...........................................................

Note: A copy of the completed Form F2 (and any attachments but excluding this page) will be forwarded to your former employer by FWA.

PLEASE RETAIN A COPY OF THIS FORM FOR YOUR OWN RECORDS

External Research

From time to time Fair Work Australia undertakes research with participants in unfair dismissal matters to ensure a high quality process. As some research may be undertaken by external providers on behalf of FWA, your contact details may be provided to an external provider for the purposes of inviting you to participate in research. Please mark the box below if you object to being contacted for the purposes of FWA research.

I object to being contacted for the purposes of FWA research

Form F3 Employer’s Response to Application for Unfair Dismissal Remedy

(Rules 14A and 15, Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA

FWA Matter No.: U

[Insert FWA matter number appearing on the main application form.]

Applicant (Employee):

[Insert name of employee from main application.]

Respondent (Employer):

[Insert name of employer.]

EMPLOYER’S RESPONSE TO APPLICATION FOR UNFAIR DISMISSAL REMEDY

[If you require information about completing and lodging this form, please go to or call 1300 799 675.]

Respondent (Employer)

Legal name:
Trading name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Email:	Telephone:
Contact number for telephone conciliation (if different from above):
Fax:	Mobile:

Respondent’s representative (if any)

Name:
Address:
Suburb:	State:	Postcode:
Contact person:
Email:	Telephone:
Fax:	Mobile:

1. What was the Applicant’s period of employment?

If you disagree with the period of employment specified in the Application for Unfair Dismissal Remedy, please provide the following information:

Date employed:

Date notified of dismissal:

Date dismissal took effect:

2. What were the reasons for dismissal?

[Using numbered paragraphs, briefly specify the reasons for dismissing the Applicant. Attach any letter of dismissal and/or separation certificate.]

3. What is your response to the Applicant’s contentions?

[Using numbered paragraphs, briefly set out your response to the Applicant’s contentions as to why the dismissal was unfair.]

4. Do you have any jurisdictional or other objection(s) to the application?

[Using numbered paragraphs, set out any jurisdictional or other objection(s) you have to the application and specify briefly the ground(s) and particulars for each objection. See the guide accompanying this form or go to for more information on the objections available under the Fair Work Act.

Note: It is not necessary to specify as an objection that the dismissal was fair.]

5. How many employees did you have at the earlier of either time: the time when the employee was given notice of the dismissal, or the time immediately before the dismissal?

[Go to for information on calculating the number of employees.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This Response (including any supporting documentation accompanying the Response) must be lodged with FWA and served on the Applicant within 7 days of being served with the Form F2 application or in accordance with any instruction given by FWA.

Serving a document means giving a copy of the document to the person being served in a manner provided for in the Fair Work Australia Rules 2010. Rule 9 sets out the ways in which a document can be served. For example, you can serve the Applicant by sending the document by Express Post (retaining the sender’s copy of the identifying barcode), registered post to the address specified for the Applicant in the application or by email to the email address for the Applicant specified in the application.

External Research

I object to being contacted for the purposes of FWA research

Form F4 Objection to Application for Unfair Dismissal Remedy

(Rule 15, Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA

FWA Matter No.: U

[Insert FWA matter number appearing on the main application form.]

Applicant (Employee):

[Insert name of employee from main application.]

Respondent (Employer):

[Insert name of employer.]

OBJECTION TO APPLICATION FOR UNFAIR DISMISSAL REMEDY

[If you require information about completing and lodging this form, please go to or call 1300 799 675.]

The Respondent objects to the Application for Unfair Dismissal Remedy and seeks the dismissal of the application on the following ground(s):

[Using numbered paragraphs, set out any jurisdictional or other objection(s) you have to the application and specify briefly the ground(s) and particulars for each objection. Go to for more information on the objections available under the Fair Work Act.

Note: It is not necessary to specify as an objection that the dismissal was fair.]

Date:

Signature:

Name:

Capacity/Position:

Lodged by the Respondent	Telephone:
Address for Service:	Fax:
Email:

[This information block should appear at the foot of the first page of this form and any witness statements, statutory declarations or submissions. This can be done, e.g., by using cut and paste once the document has been completed.]

Service requirements

This form must be served on the Applicant as soon as practicable after it is lodged with FWA.

Note: Rules 9 and 10 deal with service.

Form F5 Application for Security for Payment of Costs

(Rule 16, Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA

FWA Matter No.:

[Insert FWA matter number appearing on main application form.]

Applicant (Employee):

[Insert name of Applicant from main application.]

Respondent (Employer):

[Insert name of Respondent from main application.]

APPLICATION FOR SECURITY FOR PAYMENT OF COSTS

Fair Work Act 2009—s.404

1. Party seeking security for costs order:

[Insert name of party seeking security for costs order.]

2. Person against whom security for costs order is sought:

[Insert name of party/person against whom security for costs order is sought.]

3. Grounds:

[Using numbered paragraphs, specify briefly the grounds on which the application for a security of payment of costs order is based. Attach additional pages if necessary.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This form must be served on the party against whom security for payment of costs is sought as soon as practicable after the document is lodged with FWA.

Note: Rules 9 and 10 deal with service.

Form F6 Application for Costs

IN FAIR WORK AUSTRALIA

FWA Matter No.:

[Insert FWA matter number appearing on main application form.]

Applicant (Employee):

[Insert name of Applicant from main application.]

Respondent (Employer):

[Insert name of Respondent from main application.]

APPLICATION FOR COSTS

Fair Work Act 2009—ss.376, 401, 611, 780

1. Party applying for a costs order:

[Insert name of party applying for costs order.]

2. Party/Person against whom a costs order is sought:

[Insert name of party/person against whom a costs order is sought.]

3. Grounds:

[Using numbered paragraphs, specify briefly the grounds on which the application for a costs order is based. Attach additional pages if necessary.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This form must be served on the Respondent against whom the order is sought as soon as practicable after the form is lodged with FWA.

Note: Rules 9 and 10 deal with service.

Form F7 Notice of Appeal

(Rule 12, Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

NOTICE OF APPEAL

Fair Work Act 2009—s.604

Appellant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Appellant is a company or organisation:
Contact person:		ABN:
Contact details for the Appellant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Appellant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

1. Decision appealed:

The Appellant, being a person aggrieved, gives notice of an appeal against a decision made in a matter as follows:

Matter number:

[FWA matter number of matter under appeal]

Applicant:

[Name of applicant(s) in matter under appeal]

Respondent(s):

[Name of respondent(s), if any, in matter under appeal]

Decision maker:

[Name of member or delegate of FWA]

Decision appealed:

[Description of decision and order, if any, appealed and include decision citation (e.g. [2009] FWA 365) if known]

Date of decision:

[Date]

2. Grounds:

[Using numbered paragraphs, set out the grounds of appeal. In unfair dismissal appeals, grounds relating to “significant errors of fact” should be set out under a separate heading.]

Note: Pursuant to s.400(2) of the Act, an appeal from a decision made in relation to an unfair dismissal matter under Part 3-2 of the Act can only, to the extent that it is an appeal on a question of fact, be made on the ground that the decision involved a “significant error of fact”.

3. Public interest in permitting the appeal:

[Set out the matters that the appellant contends make it in the public interest for FWA to grant permission for the appeal.]

Note: s.400(1) prohibits FWA from granting permission for an appeal from a decision made under Part 3-2 of the Act relating to unfair dismissal unless FWA “considers that it is in the public interest to do so”.

4. Stay under s.606:

4.1 Is a stay of the decision sought?

[ ] Yes

[ ] No

4.2 If “Yes”, provide details:

[If a stay is sought, specify whether a stay is sought of the whole or part of the decision or order and, if a stay of part only is sought, specify that part.]

5. Extension of time:

If this Notice of Appeal is lodged later than 21 days after the decision or order under appeal was given or made, application should be made for an extension of time within which to institute this appeal.

5.1 Is an extension of time sought?

[ ] Yes

[ ] No

5.2 If “Yes”, provide details:

[Using numbered paragraphs, set out the grounds on which it is claimed an extension of time should be granted.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This Notice of Appeal must be served on the other parties to the matter at first instance as soon as practicable after this Notice is lodged with FWA.

Note: Rules 9 and 10 deal with service.

Form F8 Application for FWA to Deal with a General Protections Dispute

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR FWA TO DEAL WITH A GENERAL PROTECTIONS DISPUTE

Fair Work Act 2009—ss.365, 372

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent(s) (Other parties to the dispute)

Legal name:
Trading name:
ABN: [If known]
Address:
Suburb:		State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies to have FWA deal with a dispute over an alleged contravention of Part 3-1 of the Fair Work Act 2009 by the Respondent.

1. What is the industry of the employer?

[Specify industry.]

2. Alleged contravention(s) of Part 3-1:

2.1 Section(s) allegedly contravened:

[List the section(s) of Part 3-1 that the Respondent is alleged to have contravened. See for assistance in identifying the correct section(s).]

2.2 Description of alleged contravention(s):

[Using numbered paragraphs, give a description of the relevant facts and circumstances and specify how you say the section(s) specified in 2.1 have been contravened by the actions or conduct of the Respondent. This should include your response to any reasons for dismissal given by the employer. Attach additional pages if necessary.]

3. Dismissal:

3.1 Did the alleged contravention involve the dismissal of the Applicant or, where the Applicant is an organisation, an employee whose industrial interests the organisation is entitled to represent?

[ ] Yes

[ ] No

3.2 If “Yes”:

·Name of employee dismissed: [Insert name.]

·Date employed: [Insert date.]

·Date of dismissal: [Insert date.]

3.3 What were the reasons for termination, if any, given by the employer?

[Using numbered paragraphs, specify briefly the reason(s), if any, given by the employer for the termination. Attach any letter of termination and/or separation certificate given by the employer.]

4. For the purposes of participating in a conciliation conference do you think you need an interpreter other than a family member or friend?

[ ] Yes — language: [Insert your first language]

[ ] No

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This form will be served upon the Respondent by FWA.

Notice to the Respondent

A Respondent must, within 7 days of being served with this application, lodge with FWA and serve on the Applicant a response to the application in accordance with Form F8A. A copy of that form can be downloaded at next page for application fee details.

Application fee

If an application is lodged at a FWA office, the fee can be paid by cash, cheque, money order or credit card (Visa or MasterCard).

If an application is lodged by mail, the fee can be paid by cheque, money order or credit card (in which case, provide credit card details below).

If an application is lodged by fax, the fee must be paid by credit card (provide credit card details below).

[ ] cash

[ ] cheque/money order (to be made payable to: Collector of Public Monies, FWA)

[ ] Visa

[ ] MasterCard

Card number: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Card expiry date: __ __ / __ __

Cardholder’s name: ..............................................................................................

Signature: ...............................................................................................................

Any refund of the application fee will be forwarded to the Applicant at the address on the application form.

FWA use only

FWA Matter No.: ..................................................

Receipt No.: .......................................................... / Credit Transaction

Processed by: ........................................................

PLEASE RETAIN A COPY OF THIS FORM FOR YOUR OWN RECORDS

Form F8A Employer’s Response to Application for FWA to Deal with a General Protections Dispute

(Rule 16A Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA

FWA Matter No: C

[Insert FWA matter number appearing on the main application form.]

Applicant:

[Insert name of Applicant from main application.]

Respondent:

[Insert name of Respondent from main application. If that name is incorrect, insert correct name below.]

EMPLOYER’S RESPONSE TO APPLICATION FOR FWA TO DEAL WITH A GENERAL PROTECTIONS DISPUTE

Respondent (Employer)

Legal name:
Trading name:
ABN:
Address:
Suburb:		State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent’s representative (if any)

Name:
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

1. Do you agree with the information given in items 1 and 3 of the Form F8 application to which you are responding?

[ ] Yes

[ ] No

2. If “No”, please provide what you contend is the correct information.

3. What is your response to the alleged contravention?*

[Using numbered paragraphs, briefly specify your response to the contraventions alleged in item 2 of the application.]

4. If the Applicant alleges a dismissal, what were the reasons for dismissal?*

[Using numbered paragraphs, briefly specify the reasons. Attach any letter of dismissal and/or separation certificate.]

5. If the Applicant does not allege a dismissal, does the Respondent agree to participate in a conference to deal with the dispute? (see s.374 of the Fair Work Act 2009)

[ ] Yes

[ ] No

Date:

Signature:

Name:

Capacity/Position:

*An employer is not required to provide a response to questions 3 and 4 if the employer is concerned that the response may be self-incriminating.

Service requirements

This Response (including any supporting documentation accompanying the Response) must be lodged with FWA and served on the Applicant within 7 days of being served with the Form F8 application or in accordance with any instruction given by FWA.

Form F9 Application for FWA to Deal with an Unlawful Termination Dispute

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR FWA TO DEAL WITH AN

UNLAWFUL TERMINATION DISPUTE

Fair Work Act 2009—s.773

[If you require information about completing and lodging this form, please go to or call 1300 799 675.]

Applicant (Employee/Industrial Association)

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent (Employer)

Legal name:
Trading name:
ABN: [If known]
Address:
Suburb:		State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies for FWA to deal with a dispute involving an allegation that the employment of the Applicant, or an employee whose industrial interests the Applicant is entitled to represent, was terminated in contravention of s.772(1).

1. What is the industry of the employer?

[Specify industry.]

2. If the Applicant is not the employee that was terminated, what is the name of the employee whose employment was terminated?

3. What was the date of termination?

4. For the purposes of participating in a conciliation conference do you think you need an interpreter other than a family member or friend?

[ ] Yes — language: [Insert your first language.]

[ ] No

5. What were the reasons for termination, if any, given by the employer?

[Using numbered paragraphs, specify briefly the reason(s), if any, given by the employer for the termination. Attach any letter of termination and/or separation certificate given by the employer.]

6. What is the alleged contravention of s.772(1)?

[Using numbered paragraphs, give a description of the relevant facts and circumstances and specify how you say the termination involved a contravention of s.772(1). This should include your response to any reasons for dismissal given by the employer. Attach additional pages if necessary.]

7. Section 723 provides that a person must not make an unlawful termination application in relation to conduct if the person is able to make a general protections court application in relation to the conduct (see Division 8 of Part 3-1). Do you consider that you cannot make a general protections court application?

[ ] Yes

[ ] No

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This form will be served on the Respondent by FWA.

Notice to the Respondent

A respondent must, within 7 days of being served with this application, lodge with FWA and serve on the Applicant a response to the application in accordance with Form F9A. A copy of that form can be downloaded at next page for application fee details.

Application fee

If an application is lodged at a FWA office, the fee can be paid by cash, cheque, money order or credit card (Visa or MasterCard).

If an application is lodged by mail, the fee can be paid by cheque, money order or credit card (in which case, provide credit card details below).

If an application is lodged by fax, the fee must be paid by credit card (provide credit card details below).

[ ] cash

[ ] cheque/money order (to be made payable to: Collector of Public Monies, FWA)

[ ] Visa

[ ] MasterCard

Card number: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Card expiry date: __ __ / __ __

Cardholder’s name: ..............................................................................................

Signature: ...............................................................................................................

Any refund of the application fee will be forwarded to the Applicant at the address on the application form.

FWA use only

FWA Matter No.: ...................................................

Receipt No.: ........................................................... / Credit Transaction

Processed by: .........................................................

PLEASE RETAIN A COPY OF THIS FORM FOR YOUR OWN RECORDS

Form F9A Employer’s Response to Application for FWA to Deal with an Unlawful Termination Dispute

(Rule 16AA Fair Work Australia Rules 2010)

IN FAIR WORK AUSTRALIA

FWA Matter No: C

[Insert FWA matter number appearing on the main application form.]

Applicant:

[Insert name of Applicant from main application.]

Respondent:

[Insert name of Respondent from main application. If that name is incorrect, insert correct name below.]

EMPLOYER’S RESPONSE TO APPLICATION FOR FWA TO DEAL WITH AN UNLAWFUL TERMINATION DISPUTE

Respondent (Employer)

Legal name:
Trading name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent’s representative (if any)

Name:
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

1. Do you agree with the information given in items 1, 2 and 3 of the Form F9 application to which you are responding?

[ ] Yes

[ ] No

2. If “No”, please provide what you contend is the correct information:

3. What were the reasons for dismissal?

[Using numbered paragraphs, briefly specify the reasons. Attach any letter of dismissal and/or separation certificate.]

4. What is your response to the alleged contravention(s) of s.772(1)?*

[Using numbered paragraphs, briefly specify your response to the contraventions alleged in item 6 of the application.]

Date:

Signature:

Name:

Capacity/Position:

*An employer is not required to provide a response to question 4 if the employer is concerned that the response may be self-incriminating.

Service requirements

This Response (including any supporting documentation accompanying the Response) must be lodged with FWA and served on the Applicant within 7 days of being served with the Form F9 application or in accordance with any instruction given by FWA.

Form F10 Application for FWA to Deal with a Dispute in Accordance with a Dispute Settlement Procedure

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR FWA TO DEAL WITH A DISPUTE IN ACCORDANCE WITH A DISPUTE SETTLEMENT PROCEDURE

Fair Work Act 2009—s.739 etc.^*

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent(s) (Party/Parties with whom the Applicant is in dispute)

Name:
ABN: [If known]
Address:
Suburb:	State:	Postcode:
Contact person: [If known]
Telephone:	Mobile:
Fax:	Email:

1. What is the industry of the employer?

[Specify industry.]

2. Relevant instrument:

The dispute is referred to FWA pursuant to a dispute settlement procedure in:

· Name of instrument:

[Also include any ID/Code No. if known.]

· Type of instrument:
[Tick the appropriate box.]

[ ] modern award;

[ ]

enterprise agreement (made under the Fair Work Act 2009 after 1 July 2009);

[ ]

workplace agreement (made under the Workplace Relations Act 1996 after 26 March 2006);

[ ]

certified agreement (made under the Workplace Relations Act 1996 on or before 26 March 2006);

[ ]

AWA, ITEA or an individual preserved state agreement;

[ ]

contract of employment or other written agreement with a procedure for dealing with disputes in relation to the NES or a safety net contractual entitlement;

[ ]

other (please specify):

Please attach a copy of the dispute settlement procedure.

3. Clauses to which the dispute relates:

[List the clause(s) in the relevant instrument (and, if also relevant, the NES) to which the dispute relates.]

4. What is the dispute about?

[Using numbered paragraphs, set out a description of what the dispute is about, including by reference to the clauses set out above.]

5. Does this application relate to a refusal by an employer of a request by an employee for flexible working arrangements?

[ ] Yes

[ ] No

6. Does this application relate to a refusal by an employer of a request by an employee for extension of unpaid parental leave?

[ ] Yes

[ ] No

7. Relief sought:

[If FWA has a power of arbitration, specify the determination(s) sought.]

8. Steps already taken under dispute settlement procedure:

[Set out, in chronological order, the steps already taken (if any) under the dispute settlement procedure.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This application (including any supporting documentation lodged with the application) must be served on the named Respondent(s) to the dispute as soon as practicable after the document is lodged with FWA.

Serving a document means giving a copy of the document to the person being served in a manner provided for in the Fair Work Australia Rules 2010. Rule 9 sets out the ways in which a document can be served. For example, to serve a company it is sufficient if a copy of the documents is sent by Express Post (retaining the sender’s copy of the identifying barcode), registered post or delivered by hand, to the company’s registered office or its principal place of business.

*This form should also be used for an application for FWA to deal with a dispute in accordance with a dispute resolution procedure in an agreement made under the Workplace Relations Act 1996 and other transitional instruments (see Schedule 19 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).

Form F11 Application for FWA to Deal with a Bargaining Dispute

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR FWA TO DEAL WITH A BARGAINING DISPUTE

Fair Work Act 2009—s.240

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:		Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent(s) (Bargaining representative(s) with whom the Applicant is in dispute)

Name:
ABN: [If known]
Address:
Suburb:	State:	Postcode:
Contact person: [If known]
Telephone:	Mobile:
Fax:	Email:

Other bargaining representatives

Name:
ABN: [If known]
Address:
Suburb:	State:	Postcode:
Contact person: [If known]
Telephone:	Mobile:
Fax:	Email:

1. What is the industry of the employer?

[Specify industry.]

2. Course of bargaining:

[Give a brief description of the course of bargaining to date including when bargaining commenced. Attach any notices issued during the course of the bargaining.]

3. What are the main matters in dispute?

[Briefly describe the main matters that remain in dispute.]

4. Other proceedings before FWA:

[List the FWA matter number of any proceedings that have already been before FWA in relation to the present bargaining.]

APPLICATION BY AN ENTERPRISE ASSOCIATION OF EMPLOYEES FOR REGISTRATION AS AN ORGANISATION

Fair Work (Registered Organisations) Act 2009—s.18(c)

Fair Work (Registered Organisations) Regulations 2009—paragraph 21(1)(a)

We,

[full names, addresses and occupations of applicants],

make application for the registration of an association of employees called

[name of the association],

the office of which is situated at

[address of the office of the association],

as an organisation under the Fair Work (Registered Organisations) Act 2009 (the RO Act) and we state as follows:

(a) that the association meets the criteria required by section 20 of the RO Act;

[Set out in respect of each of the paragraphs the grounds on which the association relies.]

(b) that the eligibility rules of the association are:

[Insert the rules of the association that relate to the conditions of eligibility for membership and the description of the industry (if any) in connection with which the association is proposed to be registered.];

(c) that we, the Applicants, are officers of the association, and are authorised to make this application.

Date:

Signatures of applicants:*

Names:

Offices held:

* This application must be signed by at least 2 persons authorised to sign the application and must contain the declaration required by paragraph 21(1)(b) of the Fair Work (Registered Organisations) Regulations 2009.

Form F58 Notice of Objection to the Registration of an Association

IN FAIR WORK AUSTRALIA

FWA Matter No.:

[Insert FWA matter number of application for registration.]

NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—regulation 23

IN the matter of:

[Insert name of association seeking registration.]

Objector

Name of objector:
[Organisation, association or person interested in lodging the notice of objection.]
Address:
Suburb:	State:	Postcode:
Contact person:
[Also include the name of any firm of solicitors or agent acting for the objector.]
Telephone:		Mobile:
Fax:		Email:

Notice is given of an objection to the registration of the association.

The grounds on which this objection is made are as follows:

[Using numbered paragraphs, set out the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]

Date:

Signature(s) or Common Seal:*

* See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Form F59 Application for Leave to Change Name*/and to Alter Rules*

FWA Matter No.:

[Insert FWA matter number of application for registration.]

APPLICATION FOR LEAVE TO CHANGE NAME*/AND TO ALTER RULES*

Fair Work (Registered Organisations) Act 2009—s.25(1)

Fair Work (Registered Organisations) Regulations 2009—subregulation 27(a)

Applicant Association

Name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone:	Mobile:
Fax:	Email:

The Applicant, which has applied for registration as an organisation, applies to the President or a Deputy President for leave to change its name*/to alter its rules*/to change its name and alter its rules* to enable it to comply with the Fair Work (Registered Organisations) Act 2009*/and to remove a ground of objection taken by an objector under the Regulations*/and by the President or Deputy President*.

Particulars of the proposed change of name*/and alterations of the rules* are as follows:

[Set out text of proposed change or alterations.]

Date:

Signature:

* Omit if inapplicable.

Form F60 Application by an Organisation for Cancellation of Registration

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION BY AN ORGANISATION FOR CANCELLATION OF REGISTRATION

Fair Work (Registered Organisations) Act 2009—s.30(1)(a)

Fair Work (Registered Organisations) Regulations 2009—paragraph 34(1)(a)

Applicant Organisation

Name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies under paragraph 30(1)(a) of the Fair Work (Registered Organisations) Act 2009 for the cancellation of its registration.

The full particulars of the circumstances that entitle the organisation to make the application are as follows:

[Set out the full particulars.]

Date:

Signature(s) or Common Seal:*

* An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application. See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note: The application is to contain a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts stated in the application.

Form F61 Notice of Objection to the Cancellation of Registration of an Organisation

IN FAIR WORK AUSTRALIA

FWA Matter No.:

[Insert FWA matter number of application for cancellation.]

NOTICE OF OBJECTION TO THE CANCELLATION OF REGISTRATION OF AN ORGANISATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraphs 34(5)(a), 36(4)(a)

IN the matter of:

[Insert name of organisation seeking cancellation.]

Objector

Name of objector:
[Person interested in lodging the notice of objection.]
Address:
Suburb:	State:	Postcode:
Contact person:
[Also include the name of any firm of solicitors or agent acting for the objector.]
Telephone:		Mobile:
Fax:		Email:

Notice is given of an objection to the cancellation of registration of the organisation.

The grounds on which this objection is made are as follows:

[Using numbered paragraphs, set out the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]

Date:

Signature(s) or Common Seal:*

* See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Form F62 Application for Cancellation of Registration of an Organisation

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR CANCELLATION OF REGISTRATION OF AN ORGANISATION

Fair Work (Registered Organisations) Act 2009—s.30(1)(b)

Fair Work (Registered Organisations) Regulations 2009—paragraph 35(1)(a)

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:	Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

The Applicant applies, under paragraph 30(1)(b) of the Fair Work (Registered Organisations) Act 2009 (the RO Act), for the cancellation of the registration of the

[Insert name of organisation.]

The full particulars of the circumstances that entitle the Applicant to make the application are as follows:

[Set out the full particulars.]

Date:

Signature(s) or Common Seal:*

* See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note: The application is to contain a declaration signed by the Applicant or a person authorised by the Applicant verifying the facts stated in the application.

Form F63 Ballot Paper Chosen by Organisation in Relation to Proposed Amalgamation

IN FAIR WORK AUSTRALIA

FWA Matter No.:

BALLOT PAPER CHOSEN BY ORGANISATION IN RELATION TO PROPOSED AMALGAMATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 60(2)(a)

BALLOT OF MEMBERS OF:

[Name of organisation whose members are voting.]

[Initials, or facsimile of initials, of the person conducting the ballot.]

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Directions to voter:

1. Record your vote on the ballot paper as follows:

· if you approve the amalgamation referred to in the question set out below, place a tick (ü) or a cross (û) in the space provided opposite the word “Yes”;

· if you do not approve the amalgamation referred to in the question set out below, place a tick (ü) or a cross (û) in the space provided opposite the word “No”.

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square.

Question for voter:

Do you approve the proposed amalgamation of [insert name of organisation whose members are voting] with the following organisation(s), namely, [name of organisation or each organisation with which amalgamation is proposed], in accordance with the scheme for amalgamation, a copy of the outline of which has been sent to you with this ballot paper?	Yes
	No

Form F64 Ballot Paper in Relation to Proposed Amalgamation

IN FAIR WORK AUSTRALIA

FWA Matter No.:

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 60(2)(b)

BALLOT OF MEMBERS OF:

[Name of organisation whose members are voting.]

[Initials, or facsimile of initials, of the person conducting the ballot.]

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Directions to voter:

1. Record your vote on the ballot paper as follows:

· if you approve the amalgamation referred to in the question set out below, place a tick (ü) or a cross (û) in the space provided opposite the word “Yes”;

· if you do not approve the amalgamation referred to in the question set out below, place a tick (ü) or a cross (û) in the space provided opposite the word “No”.

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square.

Question for voter:

Do you approve the proposed amalgamation of [name of organisation whose members are voting] with the following organisation(s), namely, [name of organisation or each organisation with which amalgamation is proposed], in accordance with the scheme for amalgamation, a copy of the outline of which has been sent to you with this ballot paper?	Yes
	No

Form F65 Ballot Paper Chosen by Organisation and Containing an Alternative Provision in Relation to Proposed Amalgamation

IN FAIR WORK AUSTRALIA

FWA Matter No.:

BALLOT PAPER CHOSEN BY ORGANISATION AND CONTAINING AN ALTERNATIVE PROVISION IN RELATION TO PROPOSED AMALGAMATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 60(3)(a)

BALLOT OF MEMBERS OF:

[Name of organisation whose members are voting.]

[Initials, or facsimile of initials, of the person conducting the ballot.]

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Directions to voter:

1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:

· if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick (ü) or a cross (û) in the space provided opposite the word “Yes”;

· if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick (ü) or a cross (û) in the space provided opposite the word “No”.

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square on each ballot paper.

Question for voter:

Do you approve the proposed amalgamation of [name of organisation whose members are voting] with the following organisation(s), namely, [name of each organisation with which amalgamation is proposed], in accordance with the scheme for amalgamation, a copy of the outline of which has been sent to you with this ballot paper?	Yes
	No

Question for voter:

If the proposed amalgamation in relation to which you have just recorded your vote does not take place, do you approve the amalgamation of [name of organisation whose members are voting] with the other organisations concerned in the amalgamation whose members give a similar approval?	Yes
	No

Form F66 Ballot Paper Containing an Alternative Provision in Relation to Proposed Amalgamation

IN FAIR WORK AUSTRALIA

FWA Matter No.:

BALLOT PAPER CONTAINING AN ALTERNATIVE PROVISION IN RELATION TO PROPOSED AMALGAMATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 60(3)(b)

BALLOT OF MEMBERS OF:

[Name of organisation whose members are voting.]

[Initials, or facsimile of initials, of the person conducting the ballot.]

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Directions to voter:

1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:

· if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick (ü) or a cross (û) in the space provided opposite the word “Yes”;

· if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick (ü) or a cross (û) in the space provided opposite the word “No”.

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square on each ballot paper.

Question for voter:

Do you approve the proposed amalgamation of [name of organisation whose members are voting] with the following organisation(s), namely, [name of organisation with which amalgamation is proposed], in accordance with the scheme for amalgamation, a copy of the outline of which has been sent to you with this ballot paper?	Yes
	No

Question for voter:

If the proposed amalgamation in relation to which you have just recorded your vote does not take place, do you approve the amalgamation of [name of organisation whose members are voting] with the other organisations concerned in the amalgamation whose members give a similar approval?	Yes
	No

Form F67 Application for Consent to Change the Name of an Organisation

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR CONSENT TO CHANGE THE NAME OF AN ORGANISATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 121(1)(a)

Applicant Organisation

Name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies for consent to the change of the name of the organisation to:

[Set out proposed new name and the reason for the proposal.]

Date:

Signature or Common Seal:*

* An application must be sealed with the Common Seal of the organisation or be signed by a person authorised to sign the application. See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note: The application is to contain a declaration that the change was made in accordance with the rules of the organisation and stating the action taken under those rules to make the change and verifying the facts stated in the application.

Form F68 Application for Consent to the Alteration of Eligibility Rules of an Organisation

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 121(1)(b)

Applicant Organisation

Name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies for consent to the alteration of the eligibility rules of the organisation to the following:

[Insert proposed rules that relate to the conditions of eligibility for membership and the description of industry (if any) in connection with which the organisation is registered as if the application had been granted and the alterations to the rules were in force, showing in distinctive characters each alteration for which consent is sought.]*

Date:

Signature or Common Seal:**

* Each alteration for which consent is sought must be highlighted using distinctive characters. For example, deleted or replaced text may be highlighted using ~~strikethrough~~ formatting and new text may be highlighted using underlining or italics (provided there is no ambiguity with the formatting).

** An application must be sealed with the Common Seal of the organisation or be signed by a person authorised to sign the application. See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note: The application should also set out, in sufficient particularity to allow the proposal to be properly considered, the following:

1. the particulars of the proposed alteration;

2. the reason for the proposed alteration; and

3. the effect of the proposed alteration;

and contain a declaration that the alteration was made in accordance with the rules of the organisation and stating the action taken under those rules to make the alteration and verifying the facts stated in the application.

Form F68A Application for Consent to the Alteration of Eligibility Rules of an Organisation by General Manager

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION BY GENERAL MANAGER

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 125B (1) (a)

Applicant Organisation

Name:
ABN:
Address:
Suburb:	State:	Postcode:
Contact person:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone:	Mobile:
Fax:	Email:

The Applicant applies for consent to the alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law as follows:

[Insert the complete text of the eligibility rules of the association or as much of the text of the eligibility rules of the association as deals with the extended coverage and include a statement that the alteration of the eligibility rules does not apply outside the State or Territory for which the association is registered.]

Date:

Signature or Common Seal:

Note 1: The application must:

1. be accompanied by a copy of the rules of the organisation and a copy of the rules of the association to which the organisation is the federal counterpart; and

2. set out the alteration, the reasons for the alteration and the effect of the alteration in sufficient detail to enable the General Manager to satisfy himself or herself that:

(a) the alteration has been made under the rules of the organisation; and

(b) the organisation is a federal counterpart of the association; and

(c) the alteration will not extend the eligibility rules of the organisation beyond those of the association; and

(d) the alteration will not apply outside the limits of the State or Territory for which the association is registered; and

(e) the association of employers or employees actively represents the class or classes of employers or employees to which the extension of eligibility rules will apply.

3. include a declaration:

(a) that the alteration was made in accordance with the rules of the organisation; and

(b) describing the action taken under the rules of the organisation to make the alteration; and

(c) verifying the facts stated in the application.

Note 2: An application must be sealed with the Common Seal of the organisation or be signed by a person authorised to sign the application. See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note 3: An organisation that has a website must publish on the website a notice that it has lodged the application.

Form F69 Application for Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR CERTIFICATE UNDER SECTION 180 OF THE
FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 128(1)(a)

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:	Postcode:
Telephone:	Mobile:
Fax:	Email:

I, the Applicant, apply under section 180 of the Fair Work (Registered Organisations) Act 2009, for a certificate to the effect that my conscientious beliefs do not allow me to be a member of an association of the kind described in subsections 18(a), (b) or (c) of the Fair Work (Registered Organisations) Act 2009.

My occupation is:

The name and address of my business/employer* is:

The grounds on which my application is made are as follows:

[Using numbered paragraphs, set out the grounds and particulars.]

I attach a statutory declaration verifying the information stated in this application.

Date:

Signature of Applicant:

* Omit whichever is inapplicable.

Form F70 Application for Renewal of Certificate under Section 180 of the Fair Work (Registered Organisations) Act 2009

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 180 OF THE FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 129(3)(a)

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:	Postcode:
Telephone:	Mobile:
Fax:	Email:

I, the Applicant, apply under section 180 of the Fair Work (Registered Organisations) Act 2009 to renew a certificate to the effect that my conscientious beliefs do not allow me to be a member of an association of the kind described in subsections 18(a), (b) or (c) of the Fair Work (Registered Organisations) Act 2009.

My occupation is:

The name and address of my business/employer* is:

The grounds on which my application is made are as follows:

[Using numbered paragraphs, set out the grounds and particulars.]

I attach a statutory declaration verifying the information stated in this application.

Date:

Signature of Applicant:

* Omit whichever is inapplicable.

Form F71 Application for a Representation Order

IN FAIR WORK AUSTRALIA	FWA use only
FWA Matter No.:

APPLICATION FOR A REPRESENTATION ORDER

Fair Work (Registered Organisations) Act 2009—s.137A

Applicant

Name:
Title [if applicable] Mr [ ] Mrs [ ] Ms [ ] Other [ ] specify:
Address:
Suburb:	State:	Postcode:
If the Applicant is a company or organisation:
Contact person:		ABN:
Contact details for the Applicant or contact person (if one is specified):
Telephone:	Mobile:
Fax:	Email:

Applicant’s representative (if any)

Name:
ABN: [If applicable]
Address:
Suburb:	State:	Postcode:
Contact person:
Telephone:	Mobile:
Fax:	Email:

Respondent(s)

Name:
ABN:
Address:
Contact person:
Telephone:	Mobile:
Fax:	Email:

1. Provision(s) under which order(s) are sought:

[Specify the provision(s).]

2. Order sought:

[Specify the order(s) sought.]

3. Grounds:

[Using numbered paragraphs, set out the facts and circumstances on which the Applicant relies in seeking the orders sought.]

4. Organisations etc. that may have an interest in the application:

[Specify the organisations, transitionally recognised associations, recognised state-registered associations and employers likely to have an interest in this application.]

Date:

Signature:

Name:

Capacity/Position:

Service requirements

This application must be served on the organisations, transitionally recognised associations, recognised State-registered associations and employers that may have an interest in the application as specified above. The Applicant must seek directions as to further service of the application and serve a copy of the application other persons as directed by FWA if and when such direction(s) are given.

Note: Rules 9 and 10 deal with service.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See to the Fair Work Australia Rules 2010
Note 1
The Fair Work Australia Rules 2010 (in force under section 609(1) of the Fair Work Act 2009) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Fair Work Australia Rules 2010 23 December 2010 (see F2010L03273) 1 January 2011

Fair Work Australia Amendment Rules 2011 (No. 1) 8 September 2011 (see F2011L01844) 12 September 2011 —

Fair Work Australia Amendment Rules 2012 (No. 1) 11 January 2012 (see F2012L00028) 12 January 2012 —

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 6......................................... am. 2012 No. 1

R. 9......................................... am. 2011 No. 1

Part 4

R. 16A.................................... am. 2012 No. 1

Part 4A

Part 4A................................... ad. 2011 No. 1

R. 16AA.................................. ad. 2011 No. 1

R. 16B.................................... am. 2011 No. 1

R. 17A.................................... ad. 2011 No. 1

Part 6

R. 20....................................... am. 2012 No. 1

Schedule 1

Schedule 1............................ am. 2011 No. 1; 2012 No. 1

Schedule 2

Form F2................................. am. 2011 No. 1; 2012 No. 1

Form F3................................. am. 2011 No. 1; 2012 No. 1

Form F4................................. am. 2011 No. 1

Form F5................................. am. 2011 No. 1

Form F6................................. am. 2011 No. 1

Form F8................................. am. 2011 No. 1

Form F8A.............................. am. 2011 No. 1

Form F9................................. am. 2011 No. 1

Form F9A.............................. ad. 2011 No. 1

Form F10............................... am. 2011 No. 1

Form F17...............................
rs. 2011 No. 1

am. 2012 No. 1

Form F18............................... rs. 2011 No. 1

Form F22............................... rep. 2011 No. 1

Form F47A............................ am. 2011 No. 1

Form F47B............................ am. 2011 No. 1

Form F47C............................ am. 2011 No. 1

Form F47D............................ am. 2011 No. 1

Form F68A............................ ad. 2012 No. 1

Matter number:
[FWA matter number of matter under appeal]
Applicant:
[Name of applicant(s) in matter under appeal]
Respondent(s):
[Name of respondent(s), if any, in matter under appeal]
Decision maker:
[Name of member or delegate of FWA]
Decision appealed:
[Description of decision and order, if any, appealed and include decision citation (e.g. [2009] FWA 365) if known]
Date of decision:
[Date]

[ ]	modern award;
[ ]	enterprise agreement (made under the Fair Work Act 2009 after 1 July 2009);
[ ]	workplace agreement (made under the Workplace Relations Act 1996 after 26 March 2006);
[ ]	certified agreement (made under the Workplace Relations Act 1996 on or before 26 March 2006);
[ ]	AWA, ITEA or an individual preserved state agreement;
[ ]	contract of employment or other written agreement with a procedure for dealing with disputes in relation to the NES or a safety net contractual entitlement;
[ ]	other (please specify):

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Fair Work Australia Rules 2010	23 December 2010 (see F2010L03273)	1 January 2011
Fair Work Australia Amendment Rules 2011 (No. 1)	8 September 2011 (see F2011L01844)	12 September 2011	—
Fair Work Australia Amendment Rules 2012 (No. 1)	11 January 2012 (see F2012L00028)	12 January 2012	—

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 6.........................................	am. 2012 No. 1
R. 9.........................................	am. 2011 No. 1
Part 4
R. 16A....................................	am. 2012 No. 1
Part 4A
Part 4A...................................	ad. 2011 No. 1
R. 16AA..................................	ad. 2011 No. 1
R. 16B....................................	am. 2011 No. 1
R. 17A....................................	ad. 2011 No. 1
Part 6
R. 20.......................................	am. 2012 No. 1
Schedule 1
Schedule 1............................	am. 2011 No. 1; 2012 No. 1
Schedule 2
Form F2.................................	am. 2011 No. 1; 2012 No. 1
Form F3.................................	am. 2011 No. 1; 2012 No. 1
Form F4.................................	am. 2011 No. 1
Form F5.................................	am. 2011 No. 1
Form F6.................................	am. 2011 No. 1
Form F8.................................	am. 2011 No. 1
Form F8A..............................	am. 2011 No. 1
Form F9.................................	am. 2011 No. 1
Form F9A..............................	ad. 2011 No. 1
Form F10...............................	am. 2011 No. 1
Form F17...............................	rs. 2011 No. 1 am. 2012 No. 1
Form F18...............................	rs. 2011 No. 1
Form F22...............................	rep. 2011 No. 1
Form F47A............................	am. 2011 No. 1
Form F47B............................	am. 2011 No. 1
Form F47C............................	am. 2011 No. 1
Form F47D............................	am. 2011 No. 1
Form F68A............................	ad. 2012 No. 1