Apply to change redundancy pay (Form F45A)

An employee is entitled to be paid redundancy pay when their employment ends because:

the employer no longer requires the job done by the employee to be done by anyone OR
because the employer becomes insolvent or bankrupt.

Use Form F45A to apply to the Commission to vary the amount of redundancy pay to be paid to the employee.

On this page:

Who can use this form

Use this form if:

you are an employer AND
you are required to pay redundancy pay to an employee AND
you have found the employee alternative employment and/or cannot pay the redundancy pay AND
you want the amount of redundancy pay reduced.

Have this information ready before you start. You will need to tell us:

your details (as the employer)
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of the employee (the respondent)
how long the employee worked for you
the employee's base rate of pay
the date of the redundancy
the details of the employee's redundancy entitlements
the details of the industrial instrument that applies to the redundancy entitlement
the amount you are asking the Commission to reduce the redundancy pay to
details of other acceptable employment
whether you cannot afford to pay the redundancy entitlement.

We store your information in line with our Privacy policy (pdf).

Email your application to [email protected].

You can also send or deliver your document to the Commission office near you.

You must send (serve) a copy of your application to the respondent. You must do this as soon as possible.

Form F45A (doc) – Application to vary redundancy pay Form F45A (pdf) – Application to vary redundancy pay

After we receive your application, we will contact you to explain the next steps in the process.

Fair Work Act 2009: Section 120