Introduction
When an employer or employee apply to change an agreement, each employer must lodge a declaration. Use Form F23A and send this declaration with the application and supporting documents.
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Who can use this form
Use this form only if:
- you are an employer that is covered by the agreement (or an officer or authorised employee acting on the employer's behalf) AND
- you or another party has lodged an application to vary the agreement under section 210 using Form F23.
Before you start
Have this information ready before you begin. You will need to give us copies of:
- any materials you gave employees about the variation
- details of the variation process including dates, steps in the process
- information you gave employees about when and how to vote on the variation
- a signed copy of the variation
- a copy of the agreement as proposed to be varied.
We store your information in line with the Form F23A privacy notice (pdf).
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The transitional provisions in the Secure Jobs Better Pay Act mean that different tests will be applied when approving your variation. There is also a different Form F23A to lodge depending on your circumstances. Use the Select your Form F23A tool to access links to the Form F23A that applies in your circumstances.
Lodge now
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Lodge this declaration at the same time as you send us Form F23.
Email your documents to [email protected]. 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 declaration to:
- each employer covered by the agreement
- each union covered by the agreement.
Rules and regulations for this form
Fair Work Act 2009: Section 210
Fair Work Commission Rules 2024: Rule 37(2), Rule 37(3), Rule 44 and Schedule 1