Apply to vary an agreement to resolve a casual conversion issue (Form F23C)

Some enterprise agreements have terms about casual employees and changing to permanent employment. These terms may no longer be clear following changes to the Fair Work Act (the Act) in 2021. Use Form F23C to apply to vary the terms.

On this page:

Before you start
Who can use this form
Apply now
What happens next?
Rules and regulations for this form

Before you start

Have this information ready before you begin the form. You will need to tell us:

your contact details
details of any other application at the Commission about or related to this application
your representative's details, such as a lawyer or paid agent (if you are using one)
the name and code of the enterprise agreement you want to change
the clauses in the agreement about the definition of casual employee and or the conversion of casual employees
details of the employer(s) covered by the agreement
details of any unions covered by the agreement
how and why you want the Commission to change the agreement.

Who can use this form

Use this form if:

you are an employer, employee or union (or acting on their behalf) covered by the enterprise agreement AND
the agreement you want to change was made before 27 March 2021 AND
you want to apply to change the agreement to:
- resolve an issue with the definition of casual employee (section 15A) OR
- resolve an issue with the casual conversion provisions (Division 4A of Part 2-2) OR
- make the agreement work effectively with section 15A or Division 4A of Part 2-2.

Apply now

Email your document to lodge@fwc.gov.au. If you have supporting documents, you should send them at the same time.

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

We store your information in line with our Privacy policy.

Form F23C (doc) – Application to vary an enterprise agreement to resolve an uncertainty or difficulty about the definition of casual employee or casual conversion rights Form F23C (pdf) – Application to vary an enterprise agreement to resolve an uncertainty or difficulty about the definition of casual employee or casual conversion rights

What happens next?

As soon as possible, you must also send (‘serve’) a copy of this application to:

each employer covered by the agreement
each union covered by the agreement.

Rules and regulations for this form

Fair Work Act 2009: Schedule 1, Part 10, section 45