Apply to hold a protected action ballot (Form F34)

Use Form F34 if you are applying for a protected action ballot order.
You must be:

• a bargaining representative of an employee who will be covered by a proposed enterprise agreement, OR
• two or more bargaining representatives acting together.

You cannot use this form for a greenfields or cooperative workplaces agreement.

If you are making an application in relation to a multi-enterprise agreement and the group of employees includes employees of different employers, you may be able to make one application. We will treat the application as if it were multiple applications that are identical apart from specifying the different employers. 

Find more information on applying for a protected action ballot order relating to a multi-enterprise agreement

You must lodge your application no more than 30 days before the nominal expiry date of any existing agreement. You can only apply for a protected action ballot order after bargaining for a new enterprise agreement has started.

Have this information ready before you begin. You will need to tell us:

• your details
• your organisation's details (if you are applying on behalf of an organisation)
• your representative's details, such as a lawyer or paid agent (if you are using one)
• the details of the employer(s) who will be covered by the proposed agreement, including their legal entity name.
• the industry of the employer
• about any agreements that currently cover the employees
• which employees are to be balloted
• the ballot questions
• the date the vote is to close
• who you want appointed as the ballot agent
• the directions the Commission should give to the ballot agent.

You must include with your Form F34 a draft order in Word format and a Form F34B declaration, which sets out how parties have been genuinely trying to reach agreement.

You must send (serve) a copy of your application to:

• the employer(s) of the employees who are to be balloted AND
• the protected action ballot agent you have specified in your application.

You must do this within 24 hours of lodging the application. You may serve the application by copying in the employer and ballot agent to your lodgment email to us.

If they are not copied in, we may contact you to ask to provide us with evidence of service.

We store your information in line with our Privacy notice (pdf).

After we receive your application and have heard from the employer(s) involved, we will decide whether to make a protected action ballot order. If the employer objects to us making the order, we may hold a hearing on the application at short notice.

If we make the order, we will also make a second order directing all the bargaining representatives to attend a compulsory conciliation conference. The conference will be scheduled during the ballot period.

We will contact you if we need any more information, or to let you know what we decide.

See The process for protected action ballots.

The Fair Work Commission benchbook contains more detailed information on how to make a protected action ballot order application.

Fair Work Act 2009: Section 437, Section 437A, Section 448A

Fair Work Commission Rules 2024: Rule 76