With a transfer of business, in certain circumstances the Commission may make orders to vary a transferable instrument that covers (or is likely to cover) the new employer. Apply for an order using Form F41.
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With a transfer of business (under section 311) any enterprise agreement, workplace determination or named employer award (transferable 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 transferable instrument that covers (or is likely to cover) the new employer:
- to remove unmeaningful terms
- to remove uncertainty or ambiguity
- to amend the instrument to suit the working arrangements of the new employer.
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 transferable instrument
- the industry of the employer
- the details of the orders sought.
Who can use this form
Use this form to apply to vary a transferable instrument if 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 a named employer award, and the application related to the named employer award.
Email your application to email@example.com. You can also send or deliver your document to the Commission office near you.
You must include a copy of the transferable instrument with Form F41.
You must send (‘serve’) a copy of your application to:
- the other parties to the transferable instrument.
NOTE: If this application is in relation to a named employer award you must also send a copy of your application to any union that represents employees covered by the named employer award.
You must do this as soon as possible.
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 320
Fair Work Commission Rules 2013: Rule 34(2)