A party to a services contract (or an organisation that represents them) may be able to apply to us for a remedy if they think there are unfair terms in the contract. We can cancel (set aside), change (amend or vary) unfair terms that relate to workplace relations matters. Use Form F91 to apply.
On this page:
Who can use this form
Only use Form F91 if:
- you are a party to a services contract, or a union or employer association that represents a party to a services contract
- the services contract was entered into on or after 26 August 2024, and
- in the year you are applying, the party’s annual earnings are less than the contractor high income threshold.
Before you start
An application is the start of a legal process. If you do not understand a question in the form you can contact us.
When you lodge this form you will need to pay a fee.
Have this information ready before you start. You will need to tell us:
- the contact details of the party to the services contract
- the contact details of the union or employer association (if it is the applicant)
- your representative’s details (if you have one)
- the respondent’s contact details (this will be the other party to the services contract)
- which contract terms you believe are unfair, why they are unfair, and what workplace relations matters they relate to, and
- which parts of the services contract you want us to cancel or change.
If the services contract is in writing, you will need to lodge a copy of the contract with your completed form.
See Independent contractor disputes about unfair contract terms for more information, including a list of workplace relations matters.
We store your information in line with our Privacy notice for Form F91 (pdf).
Apply now
Email your application to lodge@fwc.gov.au.
You can also send or deliver your document to the Commission office near you.
The application fee
You need to pay a fee when you apply. The fee for 2024-25 is $87.20 and changes on 1 July each year.
If you email or post your application we will contact you about payment.
We cannot process your application until you pay the fee.
You may not have to pay a fee if this would cause serious financial hardship. Apply for a waiver using Form F80.
What happens next
After we receive your application, we will send (serve) a copy to the other party in the dispute and ask them to respond within 7 days.
We will review your application and contact you with next steps.
Rules and regulations for this form
Fair Work Act 2009: Section 536ND