Application for an intractable bargaining declaration (Form F33)

Use this form if you are a bargaining representative for a proposed enterprise agreement.

You cannot apply for an intractable bargaining declaration for a proposed greenfields agreement.  

Have this information ready before you begin. You will need to give us details about:

• who is making the application
• your representative (if you are using one)
• the employers who will be covered by the agreement, including their contact details 
• any other bargaining representatives you know of
• the employers and employees to be covered by the proposed agreement

You will also need to provide information about:

• how the Commission has dealt with the dispute about the agreement under section 240 of the Fair Work Act 2009
• whether the minimum bargaining period has ended
• why there is no reasonable prospect of agreement being reached if the Commission does not make the intractable bargaining declaration, and
• the post-declaration negotiating period, if there is one.

You must send (serve) a copy of your application and any supporting documents to any other bargaining representatives for the proposed multi-enterprise agreement.

We store your information in line with the Form F33 privacy notice (pdf).

We will review your application and contact you with next steps. 

Fair Work Act 2009: Section 235