Change a collective agreement

You can apply to us to vary a collective agreement that is in operation if you are:

• a regulated business covered by the collective agreement, or
• a union covered by the collective agreement.

Use Form F96 – Application to vary a collective agreement to make your application.

Your application must include:

• a signed copy of the collective agreement to be varied, and
• Form F97 – Declaration in support of an application to vary a collective agreement signed by both the regulated business and the union covered by the collective agreement.

Once a variation application has been made, a Commission Member will assess your application against the requirements in the Fair Work Act 2009.

The variation application must include:

• a signed copy of the collective agreement as proposed to be varied that identifies:
  • the regulated business covered by the collective agreement,
  • the organisation covered by the collective agreement, and
  • the class of regulated workers covered by the collective agreement as proposed to be varied
• Form F97 – Declaration in support of an application to vary a collective agreement signed by both the regulated business and the union covered by the collective agreement.

The Commission Member must also be satisfied that the variation of the agreement would not be contrary to the public interest taking into account the object in Section 536MJ of the Fair Work Act 2009.

See Section 536MT and Section 536MU of the Fair Work Act 2009.

If the Commission Member is satisfied the requirements are met, we will register the agreement as varied.

The variation comes into operation when the agreement as varied is registered.

We will publish a copy of all collective agreements as varied that we have registered on our website with a copy of the Form F97 declaration as they become available.

See Section 536MU(2) of the Fair Work Act 2009.