Official form guide
Form F23: Application for consent arbitration
Form F23 – Application for Consent Arbitration – is used to ask the Fair Work Commission to appoint an arbitrator with the consent of the parties. It is needed when an employer and employee (or their representatives) want a binding decision without a full hearing.
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Form Overview
Fair Work Commission Form F23 - Application for consent arbitration
Form F23 – Application for Consent Arbitration – is used to ask the Fair Work Commission to appoint an arbitrator with the consent of the parties. It is needed when an employer and employee (or their representatives) want a binding decision without a full hearing.
Risk Radar
Scan points- 1The most common mistake is forgetting a signature from one of the parties.
- 2Missing signature from either party
- 3Incorrect arbitrator details
- 4Submitting after a statutory deadline
- 5Using the wrong form version
Plain English
If you and your workplace have agreed to let an independent arbitrator decide a dispute, you fill out this form. It tells the Commission who the parties are, what the dispute is about, and who you want as the arbitrator.
Submission Date
- Filing date: Submit the form as soon as all parties have signed the consent agreement, and before any statutory deadline for the underlying dispute (often 21 days from the dispute notice).
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Both parties have agreed to arbitration and need a formal appointment.
- You want a binding decision without a full hearing.
- The dispute is covered by the Fair Work Act and not a state law matter.
- You have already selected a qualified arbitrator.
- You need the Commission’s official approval to proceed.
Form selector
Use this form or another form?
Dispute requires a full hearing
A hearing is needed when parties cannot agree on arbitration
✓ Confirm no consent agreement exists
Urgent industrial action
Faster emergency relief is required
✓ Verify time‑sensitive criteria
Small claim under $20,000
Conciliation may resolve the issue cheaper
✓ Check claim amount and eligibility
Deadline or filing window
File the application before any statutory limitation period expires – typically within 21 days of the dispute notice, unless the parties have agreed otherwise.
Before you submit
- 1All party names and ABNs entered correctly.
- 2Dispute description is concise and accurate.
- 3Consent letter signed by both parties.
- 4Proposed arbitrator’s name, qualifications, and contact details provided.
- 5Arbitrator’s CV or declaration attached.
- 6Form signed by the authorised representative of each party.
- 7PDF version is the latest edition.
- 8If posting, use a tracked service and include a cover sheet.
- 9If filing online, confirm receipt email from myFWO.
- 10Retain a copy of the submitted form for your records.
How to file this form
- 1Log in to myFWO or download the latest F23 PDF.
- 2Complete all fields with accurate party information.
- 3Attach the signed consent agreement and arbitrator’s CV.
- 4Review the form for completeness and signatures.
- 5Submit online and note the reference number, or mail the paper form to the Commission’s address.
- 6Save the confirmation email or postal receipt.
- 7Monitor myFWO for any requests for additional information.
Known limitations
- 1Form only accepts consent arbitration; cannot be used for compulsory arbitration.
- 2Only applicable to disputes covered by the Fair Work Act.
- 3Online portal may not accept large PDF attachments (>5 MB).
- 4No provision for multiple arbitrators on a single application.
- 5Does not cover disputes already before a court or tribunal.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
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Fillable formOpen in Editor->Form F23 is the current version as of early 2026. No major revisions have been announced, but check the Fair Work Commission website for any updates before filing.
What changed or needs a fresh check
- Verify the form number is F23 (not an older F23‑01).
- Check the latest PDF date on the Commission’s site.
- Confirm the online portal fields match the paper version.
- Ensure the consent agreement template is the current version.
- Review any new attachment requirements (e.g., arbitrator’s declaration).
Quick Facts
Downloads & source
Sources
- SRCForm number and name from user prompt.
- SRCAgency (Fair Work Commission) inferred from prompt.
- SRCTypical use of consent arbitration under the Fair Work Actnot confirmed in official source.
- SRCOnline portal (myFWO) as common submission methodnot confirmed in official source.
- SRCDeadlines (21 days) based on general Fair Work dispute timelinesnot confirmed in official source.
- SRCAttachment requirements (CV, consent letter) inferred from similar arbitration formsnot confirmed in official source.
Common confusion points
Mixing up Form F23 with Form F21 (full hearing).
Leaving out the signed consent letter.
Submitting an arbitrator who does not meet the Commission’s eligibility criteria.
Using an outdated PDF version from a third‑party site.
Assuming online submission does not require a physical signature.
Not checking the statutory deadline for the underlying dispute.
Failing to attach the arbitrator’s CV when required.
Source transparency
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