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Official form guide

Form F28: Application for transfer of business order

Form F28 is the Fair Work Commission’s application to end a collective agreement‑based transitional instrument (CABTI). Use it when you and the employer (or the instrument’s expiry date) allow the termination.

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Form Overview

Fair Work Commission Form F28 - Application for transfer of business order

Form F28 is the Fair Work Commission’s application to end a collective agreement‑based transitional instrument (CABTI). Use it when you and the employer (or the instrument’s expiry date) allow the termination.

The form captures details of the CABTI, whether termination is by agreement or unilateral, and requires you to attach the correct declaration (Form F24A or F24C).

Risk Radar

Scan points
  • 1Often the required declaration (F24A or F24C) is omitted.
  • 2Missing the correct declaration attachment
  • 3Failing to serve copies to every employer and employee organisation
  • 4Signing without the proper authority label
  • 5Sending the form to the wrong address or email

Plain English

If your workplace is covered by a CABTI and you want it stopped – either because everyone agreed or the set expiry date has passed – you fill out this form. It tells the Commission you’re asking to close the temporary agreement.

Submission Date

  • Filing date: Submit the form as soon as you have an agreement to terminate or once the nominal expiry date has passed.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • You want to end a collective agreement‑based transitional instrument (CABTI).
  • You are covered by the CABTI and the employer and employees have agreed to end it.
  • Or the CABTI’s nominal expiry date has already passed.
  • You are not seeking to extend the CABTI – a different form is needed for that.
  • You need to lodge an application with the Fair Work Commission.

Form selector

Use this form or another form?

You need to tell the Commission you have a lawyer after lodging

Used to notify representation or ask permission for a lawyer/paid agent at a hearing

✓ Verify you have already lodged Form F28 first

Form F53

You want to extend a CABTI beyond its automatic sunsetting

Extension requires a different application process

✓ Confirm the correct form for extensions

Not Form F28 (likely a separate extension application)

You need to correct a mistake on a lodged Form F28

Changes after lodging are handled separately

✓ Check Commission guidance before resubmitting

Not Form F28 (use a written amendment or contact the Commission)

Deadline or filing window

There is no fixed court‑style deadline, but you must lodge the application promptly after agreement or expiry and serve copies as soon as practicable.

Before you submit

  1. 1Confirm you are covered by a CABTI.
  2. 2Confirm the employer and employee organisations have agreed to terminate, or the nominal expiry date has passed.
  3. 3Complete all sections of the form, including the representative details if you have one.
  4. 4Provide the correct authority to sign (Applicant, position title, or Representative).
  5. 5Sign the form or type your name if filing electronically.
  6. 6Choose the correct lodgement method (email, post, or in‑person).
  7. 7Copy the completed form to each employer and each employee organisation bound by the CABTI.
  8. 8Keep a record of the email or post receipt.
  9. 9If you need special assistance at a hearing, fill in that field.
  10. 10Check that any attached documents are legible and correctly referenced.

How to file this form

  1. 1Fill out Form F28 on a computer or print it to complete by hand.
  2. 2Sign the form and add your name, date and authority to sign.
  3. 3Email the completed form to [email protected], or post/in‑person to your state or territory Commission office.
  4. 4Serve a copy of the lodged form on every employer and employee organisation bound by the CABTI.
  5. 5Save the email receipt or registered post tracking number as proof of lodgement.
  6. 6If you have a representative, ensure their details are included in the ‘Do you have a representative?’ section.

Known limitations

  1. 1Only for terminating a CABTI, not for extending it.
  2. 2Cannot be used if there is no agreement and the expiry date has not passed.
  3. 3Representation is optional; the form does not require a lawyer.
  4. 4The form does not provide legal advice – you may need external advice.
  5. 5Special assistance must be requested on the form; it is not added later.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK

Form F28 is approved for use from 17 September 2025.

What changed or needs a fresh check

  • Confirm the form version is the one approved on 17 Sept 2025.
  • Check the email address for lodgement is still [email protected].
  • Verify the signature field accepts typed names if you file electronically.
  • Ensure the ‘special assistance’ question is present and answered.
  • Confirm the authority‑to‑sign options (Applicant, Representative, Position title).

Quick Facts

The applicant – usually the employer, a covered employee, or an authorised representative – must lodge the form.
The form captures details of the CABTI, whether termination is by agreement or unilateral, and requires you to attach the correct declaration (Form F24A or F24C).
Submit the form as soon as you have an agreement to terminate or once the nominal expiry date has passed.
You can email the completed form to [email protected], or post/in‑person deliver it to the Fair Work Commission office in your state or territory.
A correct, complete application avoids delays or a refusal to terminate the CABTI, which could keep the transitional instrument in force longer than intended.
1. Fill out the F28 details and choose the appropriate declaration (F24A for agreed termination, F24C for unilateral). 2. Sign the form as ‘Applicant’, your position title, or ‘Representative’. 3. Email or mail the form to the Commission. 4. Within a reasonable time, serve a copy of everything you lodged on each employer and employee organisation bound by the CABTI, using email or registered post.

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Sources

  • SRCForm purpose and when to usep.1 of source.
  • SRCLodgement methods (email, post, in‑person)p.3 of source.
  • SRCRequirement to serve copies on each employer and employee organisationp.3 of source.
  • SRCRepresentative information and rulesp.3‑p.4 of source.
  • SRCAuthority to sign guidancep.10 of source.
  • SRCSpecial assistance questionp.6 of source.
  • SRCContact email [email protected]p.3 of source.
  • SRCForm approval date 17 Sept 2025p.1 & p.3 of source.

Common confusion points

Mixing up termination (Form F28) with extension applications.

Forgetting to serve copies on all parties bound by the CABTI.

Leaving the ‘Do you have a representative?’ section blank when you do have one.

Using the wrong authority label (e.g., writing ‘Employee’ instead of ‘Applicant’).

Assuming the email address is unchanged without checking the latest form.

Not requesting special assistance when needed.

Thinking a signed PDF is enough without a typed name when filing electronically.

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