Apply to change a copied State instrument (Form F41A)

When there is a transfer of business (under section 768AD) a State award or State employment agreement (copied State instrument) that applied to an employee of the old employer will transfer to cover that employee and be binding on the new employer.

The Commission may make orders to vary a copied State instrument for a transferring employee:

to remove unmeaningful terms
to remove uncertainty or ambiguity
to amend the instrument to suit the working arrangements of the new employer
to remove uncertainty or difficulty with how the copied State instrument relates to the National Employment Standards
to remove difficulty with how the copied State instrument relates to a modern award
remove terms that do not get along with general protection sections of the Act.

Apply using Form F41A.

On this page:

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

Before you start

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

your details
your organisation's details (if you are applying on behalf of an organisation)
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of the copied State instrument
the industry of the employer
the details of the orders sought.

Who can use this form

Use this form to apply for an order to vary a copied State instrument when there is (or is likely to be) a transfer of business (Section 768AX) and you are:

a person who is (or is likely to be) covered by the transferable instrument
a union that can represent an employee who is (or is likely to be) covered by the copied State instrument.

Apply now

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

You must provide a copy of the copied State instrument with Form F41A.

You must send (‘serve’) a copy of your application to the other parties to the copied State instrument and any union that represents the transferring employees and the new employer. You must do this as soon as possible.

We store your information in line with our Privacy policy.

Form F41A (doc) – Application to vary a copied State instrument Form F41A (pdf) – Application to vary a copied State instrument

What happens next?

Fill out the application. Attach the supporting documents we ask for.

After we receive your application, we will contact you to explain the next steps in the process.

Rules and regulations for this form

Fair Work Act 2009: Section 768AX

Fair Work Commission Rules 2013: Rule 34(3)