Official form guide
Form F23A: Consent arbitration (additional party)
Form F23A is the employer’s declaration that supports a variation of an enterprise agreement. Use it when you have lodged, or are lodging, a Form F23 application for that variation and you are the employer or an authorised officer.
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Form Overview
Fair Work Commission Form F23A - Consent arbitration (additional party)
Form F23A is the employer’s declaration that supports a variation of an enterprise agreement. Use it when you have lodged, or are lodging, a Form F23 application for that variation and you are the employer or an authorised officer.
Risk Radar
Scan points- 1A common mistake is simply stating that employees were notified without describing the actual steps and dates.
- 2Missing the 14‑day lodgement deadline
- 3Providing only a generic statement of notification
- 4Failing to attach copies of employee notification materials
- 5Not indicating whether the employer is a designated emergency management body
Plain English
This form tells the Fair Work Commission that you, as the employer, have taken the steps required to vary an enterprise agreement. It records how you notified staff, explained the changes, and considered any special needs before the variation is approved.
Submission Date
- Filing date: You must lodge the form within 14 calendar days after the variation is made.
- 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 when you are the employer or an authorised officer supporting a variation of an enterprise agreement.
- Use after you have lodged a Form F23 application for that variation.
- Use for each employer that is covered by the agreement.
- Do not use for employee organisations – they need Form F23B.
- Use when you need to record the steps taken to notify and explain the variation to employees.
Form selector
Use this form or another form?
Employee organisation needs to declare support
Mirrors employer declaration for the employee side
✓ Verify you are an employer before continuing
You need to give notice of a lawyer or paid agent
Required to inform the Commission of representation
✓ Check representation rules in the Act
You are applying for a new enterprise agreement, not a variation
Different purpose – initial agreement
✓ Confirm you are varying, not creating
Deadline or filing window
The form must be lodged within 14 calendar days after the variation occurs. Late lodgement may halt the approval process.
Before you submit
- 1Completed all fields on the declaration.
- 2Described the steps taken to notify employees (question 2.3).
- 3Described how you explained the variation and its effect (question 2.4).
- 4Identified any particular employee groups considered (question 2.5).
- 5Attached copies of all notification and explanation materials.
- 6Provided dates for each step taken.
- 7Signed the declaration as an authorised employer representative.
- 8Served a copy on each covered employer and employee organisation.
- 9Retained proof of service (email, post receipt, etc.).
- 10Lodged the form with the Commission by the required method.
How to file this form
- 1Fill out Form F23A on paper or the online portal.
- 2Gather all supporting documents (notifications, explanation materials).
- 3Attach the documents to the form.
- 4Lodge the completed form with the Fair Work Commission (online upload or mail).
- 5Serve a copy on each covered employer and employee organisation.
- 6Keep a copy of the lodged form and service proof for your records.
Known limitations
- 1Only for employers – employee organisations must use Form F23B.
- 2The form does not provide legal advice; seek independent advice if needed.
- 3Representation by a lawyer or paid agent may require filing Form F53.
- 4The declaration must be lodged for each employer covered by the agreement.
- 5Not confirmed in official source: electronic filing options beyond the portal.
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->Form F23A is the employer’s declaration for a variation of an enterprise agreement. It has been approved since 15 June 2020 and is the current version.
What changed or needs a fresh check
- Confirm the form you have is the version approved on 15 June 2020.
- Check the Commission website (www.fwc.gov.au) for any newer amendment.
- Verify that the sections referenced (e.g., 2.3, 2.4, 2.5) match the PDF you are using.
- Ensure you have the latest list of required supporting documents.
- Not confirmed in official source: any changes after 2020.
Quick Facts
Downloads & source
Sources
- SRCForm approved with effect from 15 June 2020p.2.
- SRCDeclarations must be lodged for each employer and each employee organisationp.2.
- SRCCopy of declaration must be served on each employer and employee organisationp.2.
- SRCCommission staff can give information but not legal advicep.2.
- SRCDefinitions of party, respondent, service, lawyer, paid agentp.3.
- SRCEmployer must describe steps taken to notify employees and provide datesp.6‑p.7.
- SRCEmployer must describe steps to explain terms and consider particular employee needsp.7.
- SRCAttach copies of materials used for notification and explanationp.7.
Common confusion points
Mixing up Form F23A with Form F23B.
Leaving the description of notification steps vague or without dates.
Failing to attach the actual materials used to notify employees.
Not serving a copy on every covered employer and employee organisation.
Using an outdated version of the form.
Assuming representation is automatically allowed without filing Form F53.
Thinking the form itself grants approval for the variation.
Source transparency
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