Change a single enterprise agreement

When you apply to vary an agreement, we can approve it for one of 6 reasons:

1. The employer and employees agree to a change.
2. Some terms are unclear and the change removes 'ambiguity or uncertainty'.
3. The change corrects or amends obvious ‘errors, defects or irregularities’.
4. The change solves a problem around employee choice about casual employment and the definition of 'casual' employee.
5. The change resolves an uncertainty or difficulty relating to fixed term contracts.
6. The change resolves an uncertainty or difficulty relating to the definition of employment in the Fair Work Act.

Employers and their employees may agree to vary an agreement. We must approve the variation before it has any effect. An employer must ask employees to vote to accept the change.

Step 1. Make a new version of the agreement

When you make a change, the new version must include:

• all the changes you propose
• any undertakings if the original agreement had them
• any model mandatory terms from the original agreement.

The signatures in the agreement must be correct. Either show the signatures from the original agreement or have no signatures.

Your document must not contain tracked changes or highlighted text.

Step 2. Create and sign the variation the right way

The variation is the document you will ask employees to approve. The variation must meet all the following criteria:

• It shows or highlights all the changes you propose.
• An employer and employee/union representative both sign it.
• The people who sign it give their full name, position and address.
• It is a separate document, not a copy of the current agreement with track changes, comments or notes.

Step 3. Apply for approval

Apply within 14 days of the date the variation is made unless we give you another deadline.

The applicant must be a person the agreement covers. Use Form F23 to apply for approval.

An employer may fill out Form F23A to show they support or disagree with the variation.

A union may fill out Form F23B if the agreement covers it or there is confirmation of service to the union. The Commission needs confirmation of service for each application.

A variation operates from the date in the Commission's decision on the application.

A person may ask for a change to make the contents of an agreement clearer or more specific.

You may do this if you are a party to:

• an enterprise agreement
• an agreement-based transitional instrument
• Division 2B State instrument.

If the parties do not agree about a proposed change, we can help them resolve their differences.

A variation operates from the date in the Commission's decision on the application.

Apply to us to approve the variation

To change an enterprise agreement, use Form F1.

To change an agreement-based transitional instrument or a Division 2B State instrument, use Form F25.

If there is an obvious error, defect or irregularity in your agreement an employer, employee or employee organisation can apply to fix it.

The Commission can also change an agreement to correct an obvious error, defect or irregularity on its own initiative. 

A variation operates from the date in the Commission's decision on the application.

See section 218A of the Fair Work Act 2009.

Apply to us to approve the variation

To change an enterprise agreement to correct an error, use Form F1.

Terms in some agreements may create uncertainty because of changes to the Fair Work Act on 26 August 2024. These specific changes affect:

• the definition of 'casual employee' – section 15A of the Fair Work Act
• the right for casual employees to request a change to permanent employment – Division 4A of Part 2-2 of the Fair Work Act.

You can only apply to change an enterprise agreement made before 27 February 2024. Anyone who is a party to an agreement can apply.

The variation may:

• resolve an issue between the agreement and the definition of 'casual employee'.
• resolve an issue between the agreement and the employee choice about casual employment provisions.
• make the agreement operate effectively with that definition or those provisions of the Fair Work Act.

Note: The variation operates from the date in the Commission's determination. This may be a day before the determination was made.

Apply to us to approve the variation

Apply for approval using Form F1 – General application form.

On 6 December 2023, limits on the use of fixed term contracts commenced. See Division 5 of Part 2–9 of the Fair Work Act.

Read more about the limits on fixed term contracts. 

You can apply to change an enterprise agreement to resolve ‘an uncertainty or difficulty’ relating to the interaction between the agreement and fixed term contract limits. See clause 63 of Schedule 1 to the Fair Work Act.

Apply for approval using Form F1 – General application form.

On 26 August 2024, provisions commenced in the Fair Work Act to set out how to determine whether a relationship is an employment relationship for the purposes of the Fair Work Act. See section 15AA of the Fair Work Act.

You can apply to change an enterprise agreement to resolve ‘an uncertainty or difficulty’ relating to the interaction between the agreement and the definition of employment in the Act. See clause 120(3) of Schedule 1 to the Fair Work Act.

Apply using the Form F1 – General application form.