Official form guide
Form F28: Application for transfer of business order
Form F28 – Application for transfer of business order is a Fair Work Commission document used when a business changes ownership and the existing Fair Work order (e.g., enterprise agreement, award coverage) needs to be transferred to the new owner. It is required before the new employer can legally take over the order.
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Form Overview
Fair Work Commission Form F28 - Application for transfer of business order
Form F28 – Application for transfer of business order is a Fair Work Commission document used when a business changes ownership and the existing Fair Work order (e.g., enterprise agreement, award coverage) needs to be transferred to the new owner. It is required before the new employer can legally take over the order.
Risk Radar
Scan points- 1The most common mistake is forgetting one of the required signatures.
- 2Incorrect ABN or business name entered
- 3Missing signature of either party
- 4Transfer date after the filing deadline
- 5Failure to attach the transfer agreement
Plain English
If you are buying or selling a business and there is a Fair Work order attached, you must fill out this form so the order moves to the new owner. It tells the Commission who is taking over and confirms the details of the transfer.
Submission Date
- Filing date: Submit the form as soon as the transfer agreement is signed, but no later than 14 days after the transfer takes effect.
- 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
- When a whole business, including its Fair Work order, is sold.
- When a franchise changes hands and the existing order must continue.
- When a company restructures and transfers an order to a new legal entity.
- When the Commissioner requests formal documentation of a transfer.
Form selector
Use this form or another form?
Partial asset sale
Only the assets, not the order, are transferred
✓ Confirm the order stays with the seller
New enterprise agreement
To apply for a new agreement, not a transfer
✓ Use F31 instead of F28
Order variation
For changing terms, not ownership
✓ File F33 for variations
Deadline or filing window
The application must be lodged within 14 days after the business transfer date, otherwise the order may lapse for the new owner.
Before you submit
- 1Correct form version downloaded
- 2All business details (name, ABN, address) are accurate
- 3Fair Work order number entered correctly
- 4Transfer date matches the sale agreement
- 5Both parties have signed in the appropriate places
- 6Supporting transfer agreement attached
- 7PDF is not password‑protected{not confirmed in official source}
- 8Upload successful: 2024.10 202
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form F28 is the current version as of 2024. No major revisions have been announced for 2025.
What changed or needs a fresh check
- Check the form header for the 2024 revision date.
- Verify the ABN fields match the latest format.
- Confirm the signature block includes space for both parties.
- Ensure the online upload field accepts PDF/A format.
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