Introduction
In some situations, you may apply to end a collective agreement-based transitional instrument (CABTI). Use Form F28 to apply to terminate the CABTI, either before or after its nominal expiry date.
On this page:
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Before you start
Have this information ready before you begin. You will need to give us:
- your contact details
- your organisation's details (if applying on behalf of an organisation)
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the name and code of the agreement
- the nominal expiry date of the agreement
- which employers, employees and unions the agreement covers.
You also need to fill out a declaration.
Note: If the agreement covers more than one union, provide all details for each organisation.
Sunsetting of pre-2010 agreements (‘zombie agreements’)
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A pre-2010 agreement that continues to operate (a ‘zombie agreement’) will automatically terminate (or ‘sunset’) on 7 December 2023, unless before 7 December 2023 an application is made to the Commission to extend the default period for the agreement.
Who can use this form
Only use this form if:
- the agreement you want to terminate is a collective agreement-based transitional instrument
- the agreement covers you AND
- the employer(s) and employees have agreed to the termination OR the agreement's nominal expiry date has passed.
Apply now
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Email your documents to lodge@fwc.gov.au.
You can also send or deliver your documents to the Commission office near you.
We store your information in line with our Privacy policy.
What happens next?
As soon as possible, you must also send (serve) a copy of this application and declaration to:
- each employer covered by the CABTI
- each union covered by the CABTI.
Rules and regulations for this form
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009: Schedule 3, items 15 and 16
Fair Work Commission Rules 2013: Rule 26(1) and (2)