Apply to Hold a Protected Action Ballot (Form F34)

Issuing authority

Fair Work Commission

Official source

How to apply

1. Confirm you are an eligible applicant — a bargaining representative (typically a union) for employees covered by a proposed enterprise agreement (not available for greenfields or cooperative workplaces agreements).
2. Download Form F34 (Word or PDF) from the Fair Work Commission website at fwc.gov.au.
3. Prepare the mandatory supporting documents: a draft order in Word format and a completed Form F34B (Declaration to support a protected action ballot order) demonstrating that parties have been genuinely trying to reach agreement.
4. Name a protected action ballot agent in the application — use Form F34D if nominating a non-eligible agent.
5. Lodge the completed Form F34, draft order, and Form F34B by emailing lodge@fwc.gov.au.
6. Within 24 hours of lodging, serve a copy of the application on the employer(s) of the employees to be balloted and the nominated ballot agent.
7. Attend any Fair Work Commission hearing or conciliation listed in response to the application.
8. If the Commission makes a ballot order, work with the ballot agent to conduct the ballot within the required timeframe; note that protected action authorised by the ballot lapses after 30 days (Form F34A can be used to apply for an extension).

Related topics

Related forms

• Unfair Dismissal ApplicationForm F2
• Employer Response to Unfair DismissalForm F3
• Application to Stop Workplace BullyingForm F72
• General Protections Application (Dismissal)Form F8
• Unpaid Wages / Entitlements Complaint