🇦🇺FAIR WORKF28

Application for transfer of business order

This form is used to apply for a transfer of business order when a business is being sold or transferred to a new owner. It's typically used when existing workplace agreements or awards need to be transferred to the new business entity.

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Form Overview

Application for transfer of business order

This form captures details about the business being transferred, existing workplace orders or agreements, the parties involved in the transfer, and confirmation that all employees will maintain their employment conditions.

Risk Radar

Ensure all existing workplace agreements are properly identified and included in the transfer application.
Incomplete or incorrect business details
Missing information about existing workplace agreements
Not obtaining employee consent where required
Submitting the form too late in the transfer process

Plain English

If you're buying or selling a business in Australia, this form helps ensure that workplace arrangements like awards or agreements continue under the new ownership. It's a way to maintain existing employment conditions when a business changes hands.

Submission Date

There is no fixed deadline for submitting this form, but it should be submitted well in advance of the planned business transfer date to allow sufficient processing time by the Fair Work Commission.
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

business transfer apply

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Quick Facts

The current business owner or the incoming business owner may need to submit this form, depending on who initiates the transfer process. Both parties should be aware of the requirements.

This form should be submitted before the business transfer is finalized, as it needs to be approved by the Fair Work Commission before the transfer takes effect. The timing depends on the specific circumstances of the business transfer.

The form can be submitted through the Fair Work Commission online portal, by mail, or possibly in person at a Fair Work Commission office. Check the Fair Work Commission website for the most current submission methods.

Submitting this form correctly ensures that workplace arrangements continue seamlessly after the business transfer, protecting the rights of employees and avoiding potential disputes or legal issues.

Start by gathering all relevant business information and existing workplace agreements. Complete the form with accurate details about both the current and incoming business owners. Submit the form through the appropriate channel and await confirmation from the Fair Work Commission before finalizing the business transfer.

What this form is for

• Use this form when selling or purchasing a business that has existing workplace agreements
• Apply when transferring a business that operates under a modern award
• Use when business ownership changes but the same workplace arrangements should continue
• Apply when transferring a business that has enterprise bargaining agreements
• Use when transferring franchised businesses with specific workplace conditions

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Transferring a sole trader business	F28	Ensures awards/agreements transfer to new owner	Confirm if business is registered as a company
Transferring a franchise business	F28 + Franchise Disclosure Statement	Maintains franchise-specific workplace conditions	Check if franchise agreement has specific transfer requirements
Transferring parts of a business	F28 + Business Transfer Agreement	Ensures only relevant workplace orders are transferred	Identify which parts of the business include employees
Transferring business with multiple sites	F28 + Site-specific documentation	Ensures all affected workplace arrangements are covered	Verify which sites have separate agreements
International business transfer	F28 + Immigration forms	Ensures compliance with both workplace and immigration laws	Check visa requirements for transferring employees

Deadline or filing window

There is no fixed deadline for submitting this form, but it should be submitted well in advance of the planned business transfer date to allow sufficient processing time by the Fair Work Commission.

Before you submit

• Verify all business registration details are correct
• Confirm all existing workplace agreements are listed
• Obtain signatures from all relevant parties
• Check that employee notification requirements are met
• Ensure all required supporting documentation is included
• Verify the form is completed in full with no blank sections
• Confirm the submission method is accepted by the Fair Work Commission

How to file this form

1Obtain and complete the F28 form from the Fair Work Commission website
2Gather all relevant business information and existing workplace agreements
3Complete the form with accurate details about both current and incoming business owners
4Obtain necessary signatures and declarations
5Submit the form through the appropriate channel (online, mail, or in person)
6Wait for confirmation from the Fair Work Commission
7Proceed with the business transfer once approval is received

Known limitations

• This form does not transfer workplace health and safety obligations
• It may not cover all aspects of employee entitlements in complex business transfers
• The form doesn't handle disputes between parties about the transfer
• It doesn't address tax implications of the business transfer
• The form may not be suitable for transfers involving international entities

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Current Form Status

The F28 form is the current version for business transfer orders, but always check the Fair Work Commission website for any recent updates or changes to the form requirements.

Agency: Fair Work Commission