Official form guide
Form F23: Application for consent arbitration
This Australian government form (F23) is used to apply for Fair Work Commission approval to vary an enterprise agreement (employment terms at the workplace level). Use it after making changes to your agreement's conditions.
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Form Overview
Fair Work Commission Form F23 - Application for consent arbitration
This Australian government form (F23) is used to apply for Fair Work Commission approval to vary an enterprise agreement (employment terms at the workplace level). Use it after making changes to your agreement's conditions.
Risk Radar
Scan points- 1Missing the 14-day deadline after making the variation is a common mistake that can delay your application.
- 2Missing the 14-day submission window
- 3Not including both employer and employee representative signatures with authority explanations
- 4Forgetting to attach required declaration forms (F23AA/F23AB/F23AC) based on when you sought employee approval
- 5Incomplete applicant or employer details in sections 1/6 or 2.3
Plain English
If you run a business or represent employees, this form helps get permission from the Fair Work Commission to update your employment agreement. It’s part of the process for changing things like wages, hours, or other work rules in an enterprise agreement.
Submission Date
- Filing date: Submit this form within 14 days after you've made the variation to your enterprise agreement.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form if you're an employer, employee organization, or completing it for one of them covered by an existing enterprise agreement.
- Only use this form after a variation of that agreement has been made under section 207 of the Fair Work Act (and approved under section 209).
- Do NOT use this form to vary an agreement-based transitional instrument—use Form F25 instead.
Form selector
Use this form or another form?
Situation
Why it matters
✓ Check before you continue
Varying a transition instrument
This form isn't used for transitional instruments; use F25.
✓ Confirm your agreement type.
Employer requested employee approval *before* 6 June 2023
Use this specific alternate form for that scenario.
✓ Check the date of employee approval request.
Deadline or filing window
Submit within 14 days of making the enterprise agreement variation.
Before you submit
- 1Complete both Form F23 and a signed copy of the variation (per p.2).
- 2Add employer's signature, full name, address, and authority to sign.
- 3Include at least one employee representative's signature, full name, address, and authority.
- 4Lodge within 14 days after making the agreement change.
- 5Use post, email ([email protected]), or in-person submission methods.
How to file this form
- 1Lodge your completed form with the Fair Work Commission within 14 days after making the agreement variation (by post, email to [email protected], or in person).
- 2Include a signed copy of the variation—ensure both employer and at least one employee representative sign it.
- 3Submit any required employer declaration forms (F23AA/AB/AC) based on when employees approved the change.
- 4Serve copies of all lodged documents to each covered employer and employee organization as soon as practicable after lodging.
Known limitations
- 1If using a lawyer or paid agent, check if they need permission to participate in conferences/hearings (exceptions apply for certain representatives).
- 2Service methods must follow Fair Work Commission Rules on service—email, express post, registered post, or in person are acceptable.
- 3Employee organizations can advise the Commission about approval before it's granted; track this process.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
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Fillable formOpen in Editor->This form was approved with effect from 17 September 2025 and remains valid for applying to the Fair Work Commission about varying enterprise agreements.
What changed or needs a fresh check
- Form approved with effect from 17 September 2025 – confirm this is the latest version.
- Ensure you're using F23 for enterprise agreement variations (not other forms like F53).
- Check if prior versions of F23 are outdated and won't be accepted.
Quick Facts
Downloads & source
Sources
- SRCForm number is confirmed as F23 from the title.
- SRCIssuing agency is Fair Work Commission (FAIR_WORK) per input.
- SRCValidity date is 17 September 2025 (from p2/p9).
- SRCUse case requires a variation made under section 207 and applying under section 210 (p1).
- SRCEmployer declaration form depends on employee approval request date (p2).
Common confusion points
Using Form F23 instead of F25 when varying an agreement-based transitional instrument.
Forgetting to include the employer's declaration based on whether employees approved before/after 6 June 2023.
Not serving documents within a practicable time after lodging (per section 2.2).
Not providing both employer and employee representative signatures/authorities for the variation copy.
Source transparency
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