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.
On this page:
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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.
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.
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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 lodge@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.
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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