Enterprise agreements can be varied, with the approval of the Fair Work Commission, in 2 ways:
- by agreement between the employer and employees, or
- to remove ambiguity or uncertainty
The Commission provides a checklist to assist with varying an agreement:
Variation by agreement
Employers and their employees may agree to vary an enterprise agreement, but such a variation has no effect unless it is approved by the Fair Work Commission.
An employer may request that the employees endorse the variation by voting for it.
How to apply for approval of a variation
To seek approval of an enterprise agreement variation by the Commission, a person covered by the agreement must make an application using Form F23, which is available on our Forms page.
The application must be accompanied by:
- a signed copy of the variation
- a copy of the agreement as proposed to be varied
- any declarations that are required by the Fair Work Commission Rules 2013 to accompany the application.
The application must be made:
- within 14 days of the variation being made, or
- within such further period as the Commission allows.
Variation to remove ambiguity or uncertainty
Any of the parties to an enterprise agreement, an agreement-based transitional instrument or a Division 2B State instrument may apply to the Commission for a variation of their agreement to remove ambiguity or uncertainty.
If the parties to an agreement do not agree about a proposed variation, the Commission can help them resolve their differences.
A variation operates from the day specified in the Commission's decision to vary the agreement.
Which application form?
- Enterprise agreement – use Form F1 – Application (No specific form provided)
- Agreement-based transitional instrument – use Form F25 – Application to vary transitional instrument to remove ambiguities etc.
- Division 2B State instrument – use Form F25 – Application to vary transitional instrument to remove ambiguities etc.
All the forms are available from our Forms page.
Which agreement applies to me?
Enterprise agreements are those collective agreements provided for by the Fair Work Act 2009 from 1 July 2009.
Agreement-based transitional instruments are agreements which were in force before the commencement of the Fair Work Act 2009 and include:
- pre-reform certified agreements made by the Australian Industrial Relations Commission by 27 March 2006
- employee collective agreements approved by the Office of the Employment Advocate or the Workplace Authority by 30 June 2009
- preserved state agreements
- pre-reform certified agreements varied and/or extended by 31 December 2009.
Division 2B State instruments are notional federal instruments that have been derived from awards and employment agreements that were in force in a state (other than Victoria) before 1 January 2010.
If you would like help working out which type of agreement applies to you, go to the Fair Work Ombudsman's website.