🇦🇺FAIR WORKF5

Notice of termination of an enterprise agreement

The F5 form is a Notice of termination of an enterprise agreement, used to formally notify the Fair Work Commission when an enterprise agreement is being terminated. This form should be submitted when the parties involved have decided to end an enterprise agreement before or at its nominal expiry date.

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Form Overview

Notice of termination of an enterprise agreement

The form captures details about the enterprise agreement being terminated, the names of the parties involved, the nominal expiry date, and the intended date of termination.

Risk Radar

The most common mistake is submitting the form after the nominal expiry date of the enterprise agreement.
Missing the deadline for submission before the nominal expiry date
Incomplete information about the enterprise agreement or parties involved
Incorrectly identifying the nominal expiry date
Not obtaining all required signatures before submission

Plain English

Enterprise agreements are workplace deals between employers and employees that set out terms and conditions. The F5 form is like sending an official notification to the Fair Work Commission saying 'this agreement is ending' so they can update their records.

Submission Date

The form should be submitted well before the nominal expiry date of the enterprise agreement 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

agreement

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Quick Facts

This form is typically submitted by an employer, employee representative, or bargaining representative involved in the termination process of the enterprise agreement.

The form captures details about the enterprise agreement being terminated, the names of the parties involved, the nominal expiry date, and the intended date of termination.

Submit this form when a decision has been made to terminate the enterprise agreement, preferably before its nominal expiry date to ensure proper processing.

The form can be submitted through the Fair Work Commission's online portal or by mail to the Fair Work Commission offices in your state or territory.

Submitting this form correctly ensures the formal termination of the enterprise agreement is recorded with the Fair Work Commission, which is required for compliance with workplace laws.

Download the F5 form from the Fair Work Commission website, complete all sections with accurate information about your enterprise agreement, and submit it through the online portal or by mail. Keep a copy for your records.

What this form is for

• Use this form specifically for terminating enterprise agreements, not other workplace instruments
• Required when mutually terminating an enterprise agreement before its nominal expiry date
• Necessary when an employer initiates termination of an enterprise agreement
• Required when an employee representative initiates termination proceedings
• Not for use with modern awards or other industrial instruments

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Terminating a modern award	F3 Application to vary modern award	Different legal requirements and procedures	Check the award classification first
Making a single business agreement	F28 Application for approval of a single business agreement	Different approval process and requirements	Verify your business structure
Terminating a greenfields agreement	F27 Application to terminate greenfields agreement	Special rules for green agreements	Confirm if your agreement qualifies as greenfields
Resolving a bargaining dispute	F72 Application to bargain	Different purpose and requirements	Determine if you have a genuine dispute

Deadline or filing window

The form should be submitted well before the nominal expiry date of the enterprise agreement to allow sufficient processing time by the Fair Work Commission.

Before you submit

• Complete all sections of the F5 form
• Verify the enterprise agreement details are correct
• Ensure all required parties have provided their information
• Check that the nominal expiry date is accurately recorded
• Confirm the intended termination date is clearly specified
• Obtain all necessary signatures
• Make a copy of the completed form for your records

How to file this form

1Obtain the latest version of the F5 form from the Fair Work Commission website
2Complete all sections with accurate information about your enterprise agreement
3Ensure all relevant parties review and sign the form if required
4Submit the form through the Fair Work Commission's online portal or by mail
5Keep a copy of the submitted form for your records
6Follow up with the Fair Work Commission if you don't receive confirmation within the expected timeframe

Known limitations

• This form is only for terminating enterprise agreements, not other workplace instruments
• It does not cover the negotiation process for a new agreement
• The form doesn't handle disputes about the termination itself
• It may not be used for terminating common law contracts

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Current Form Status

Not confirmed in official source. This form is a standard instrument from the Fair Work Commission for terminating enterprise agreements.

Agency: Fair Work Commission

What changed or needs a fresh check

• Check the Fair Work Commission website for the most current version of the F5 form
• Verify that all required fields match the current version
• Ensure contact information is up to date
• Confirm signature requirements haven't changed
• Check if online submission options have been updated

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