Employer's declaration to vary an agreement (Form F23A)

When an employer or employee apply to change an agreement, each employer must lodge a declaration. Use Form F23A and send this declaration with the application and supporting documents.

On this page:

Before you start
Who can use this form
Lodge now
What happens next?
Rules and regulations for this form

Before you start

Have this information ready before you begin. You will need to give or tell us:

your details as the person making the declaration
the name of the employer
the name of the agreement and its type (single or multi-enterprise)
the steps to make sure employees had a copy, or access to a copy, of the variation and other materials during the access period
the steps to tell employees how, where and when to vote
the steps to explain to employees the terms and their effect
how you considered the needs of employees who were away or need help or extra information
details about the vote
how the proposed changes relate to the National Employment Standards
any awards that cover the employer and any of the employees the agreement will cover
differences in the terms or conditions of employment between the relevant awards and the agreement.

You also need to give us copies of:

materials you gave employees to tell them how, when and where to vote
materials that explained to employees the changes and their effect
materials that show how you considered the circumstances and needs of employees to give them the explanation in an appropriate way.

Who can use this form

Use this form only if:

you are an employer that is covered by the agreement (or an officer or authorised employee acting on the employer's behalf) AND
you or another party has lodged an application to vary the agreement using Form F23.

Lodge now

Lodge this declaration at the same time as you send us Form F23.

Email your documents to melbourne@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.

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Form F23A (doc) – Employer’s declaration in support of a variation of an enterprise agreement Form F23A (pdf) – Employer’s declaration in support of a variation of an enterprise agreement

What happens next?

As soon as possible, you must also send ('serve') a copy of this declaration to:

each employer covered by the agreement
each union covered by the agreement.

Rules and regulations for this form

Fair Work Act 2009: Section 210

Fair Work Commission Rules 2013: Rule 25 and Schedule 1