Some enterprise agreements have terms about casual employees and changing to permanent employment. These terms may no longer be clear following changes to the Fair Work Act (the Act) in 2021. Use Form F23C to apply to vary the terms.
On this page:
Before you start
Have this information ready before you begin the form. You will need to tell us:
- your contact details
- details of any other application at the Commission about or related to this application
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the name and code of the enterprise agreement you want to change
- the clauses in the agreement about the definition of casual employee and or the conversion of casual employees
- details of the employer(s) covered by the agreement
- details of any unions covered by the agreement
- how and why you want the Commission to change the agreement.
Who can use this form
Use this form if:
- you are an employer, employee or union (or acting on their behalf) covered by the enterprise agreement AND
- the agreement you want to change was made before 27 March 2021 AND
- you want to apply to change the agreement to:
- resolve an issue with the definition of casual employee (section 15A) OR
- resolve an issue with the casual conversion provisions (Division 4A of Part 2-2) OR
- make the agreement work effectively with section 15A or Division 4A of Part 2-2.
What happens next?
As soon as possible, you must also send (‘serve’) a copy of this application to:
- each employer covered by the agreement
- each union covered by the agreement.
Rules and regulations for this form
Fair Work Act 2009: Section 45 of Part 10 in Schedule 1