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
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.
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