Official form guide
Form F28: Application for transfer of business order
This form (F28) is an Application for transfer of business order issued by the Fair Work Commission. Use it when a business needs to formally transfer its existing workplace agreements or orders to another entity.
Need help with Form F28?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Fair Work Commission Form F28 - Application for transfer of business order
This form (F28) is an Application for transfer of business order issued by the Fair Work Commission. Use it when a business needs to formally transfer its existing workplace agreements or orders to another entity.
Risk Radar
Scan points- 1Ensure both the old and new entity names match official ABN registrations exactly.
- 2Failing to specify the exact date of the business order transfer.
- 3Incorrectly listing the ABN for the receiving entity.
- 4Omitting details about any specific collective agreements being transferred.
- 5Not having a signature from an authorised officer of the transferring business.
Plain English
If your company is changing hands, merging, or moving operations, you need this paperwork. It tells the Fair Work Commission that the old employment rules are being moved over to a new owner or location. This keeps things official under Australian workplace law.
Submission Date
- Filing date: Submit this form when a transfer event occurs or is imminent. There are no specific deadlines listed, but it must be lodged before the official handover date.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
What this form is for
- Your business needs to officially move its existing workplace agreement or order.
- The receiving entity is a different legal business structure.
- You are not just changing an employee's job; you are transferring the entire agreed-upon terms/order.
- Use this when merging two companies or selling one that has active Fair Work orders.
Form selector
Use this form or another form?
Transferring only a single agreement
Use F28 if the transfer covers multiple agreements.
✓ Check section detailing scope.
Application for transfer of business order (F28)
Starting a brand new workplace agreement
This is used when you have no existing orders to move.
✓ Ensure you aren't accidentally filing an F28 for something new.
Changing details of an existing order (e.g., name change)
If the core agreement stays, but a detail changes, use the variation form instead.
✓ Confirm if the change is minor or structural.
Variation/Amendment Form (Not confirmed in official source)
Transferring to a government body
Check specific guidance for state/territory government entities.
✓ The F28 might require extra declarations.
Deadline or filing window
The application should be lodged as soon as the transfer decision is made. Proactive submission prevents disputes during the transition period.
Before you submit
- 1Fill in both the Transferor (current) and Transferee (receiving) details completely.
- 2Attach documentation proving ownership or legal right to transfer the order.
- 3Clearly state the date the transfer is effective.
- 4Ensure all signature blocks are signed by an authorised representative of each business.
- 5Confirm the specific Fair Work Order number(s) being transferred are listed accurately.
- 6Check that your contact details (phone/email) are current for follow-up.
How to file this form
- 1Complete all sections of Form F28 using plain language.
- 2Gather supporting documents related to the business transfer.
- 3Sign and date the form according to the designated spots.
- 4Submit the completed F28 via the Fair Work Commission online portal or mail it in.
- 5Keep a copy for your own records (essential).
Known limitations
- 1The F28 does not guarantee approval; it is an application only.
- 2If the transfer involves complex restructuring, additional forms might be required alongside F28.
- 3Not confirmed in official source: Specific requirements vary if transferring between different types of entities (e.g., sole trader to Pty Ltd).
- 4The form itself does not validate the financial viability of the receiving business.
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->This is the current Application for transfer of business order (F28). It remains the standard document for formally moving existing workplace agreements between businesses under the Fair Work Commission.
What changed or needs a fresh check
- Verify the form version number at the top of the document.
- Check if the required supporting documentation list has changed since your last use.
- Confirm if there are new online submission fields integrated into the F28 layout.
- Review any updated definitions for 'Transferor' and 'Transferee'.
- Ensure all contact details listed match current business records.
Quick Facts
Downloads & source
Sources
- SRCAgency: Fair Work Commission (FAIR_WORK)
- SRCForm Number: F28
- SRCForm Name: Application for transfer of business order
- SRCContext: Used when moving existing workplace agreements.
- SRCNot confirmed in official source: Specific date of the latest version update.
- SRCNot confirmed in official source: Whether online portal submission is mandatory or optional.
Common confusion points
Confusing 'Transferring' with 'Varying': Transfer means moving it entirely; Varying means changing a part of what is already there.
Not knowing who must sign: Both the current business AND the new receiving business usually need to authorise the transfer.
Forgetting to list the Order Number: Without this, the FWC cannot identify *what* agreement you are moving.
Assuming the transfer is automatic: Submitting the form does not mean it's approved; action is required by the Commission.
Source transparency
Copyright & Licensing — Australian Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.