Introduction
An employer or employee covered by an agreement can apply to change ('vary') it. The change does not take effect until we approve the application. Apply no longer than 14 days after the variation is made.
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Who can use this form
Use this form only if:
- you are an employer, employee or union that is covered by an enterprise agreement (or you are acting on their behalf) AND
- you have followed the correct process to vary an agreement under section 210 so that it meets the requirements of the Fair Work Act.
Before you start
Have this information ready before you begin the application. You will need to give or tell us:
- details of the person or organisation who is applying
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the name of the agreement and how many employers it covers
- details of any unions covered by the agreement
- the date the variation was made.
You may need to send us extra information with your application:
- a copy of the variation, signed the correct way
- a copy of the agreement showing the variation
- the employer's declaration to support the variation (Form F23A)
- any union's declaration to support the variation (Form F23B).
We store your information in line with the Form F23 privacy notice (pdf).
Apply now
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Send us your application and supporting documents within 14 days of the variation being made.
Email your documents to lodge@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.
What happens next?
As soon as possible, you must also send (serve) a copy of this application and all forms related to the application to:
- each employer that is covered by the agreement AND
- each union that is covered by the agreement.
Rules and regulations for this form
Fair Work Act 2009: Section 210
Fair Work Commission Rules 2024: Rule 37, Rule 44 and Schedule 1