Apply for an order to access non-member records (Form F43)

When an entry permit holder suspects a breach of the Fair Work Act or other fair work instrument, they may use Form F43 to apply to the Commission for an order allowing them to look at the records of an employee who is not a member of their union.

The Commission may make an order that:

requires an occupier to allow the entry permit holder to look at and copy specific records or documents AND/OR
requires an employer to produce or provide access to specific records or documents.

An order can be issued by the Commission if we are satisfied that it is required to investigate the suspected breach.

On this page:

Before you start
Who can use this form
Apply now
What happens next?
Rules and regulations for this form

Before you start

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

your details
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of your entry permit
the industry of the employer
the details of the suspected breach
the specific records or documents you are seeking to look at
the details of the orders sought
whether you want this application decided without telling an occupier or affected employer ('ex parte').

Who can use this form

Form F43 may be used only by an entry permit holder under the Fair Work Act who is requesting that the Commission make an order allowing access to records or documents of a non-union member relating to a suspected breach of the Act or other fair work instrument.

Apply now

Email your application to lodge@fwc.gov.au. You can also send or deliver your document to the Commission office near you.

Unless the Commission has ordered you not to, you must send (‘serve’) a copy of your application and a notice setting out the effect of rule 34A(3) of the Fair Work Commission Rules 2013 to:

each occupier AND
affected employer.

You must do this as soon as possible.

We store your information in line with our Privacy policy.

Form F43 (doc) – Application for an order for access to non-member records Form F43 (pdf) – Application for an order for access to non-member records

What happens next?

Fill out the application. Attach the supporting documents we ask for.

After we receive your application, we will contact you to explain the next steps in the process.

Rules and regulations for this form

Fair Work Act 2009: Section 483AA