Apply to create, change or revoke an award (Form F46)

Only use Form F46 if you are:

• a person, organisation or outworker covered by the award you want to change
• an organisation with the authority to represent the industrial interests of the person(s) or organisation(s) that are covered by the award.

You can apply for 2 or more changes at the same time, if they are related. For example, apply to revoke an existing award and make a new one.

By making this application you are starting a legal process asking us to change the terms of an award. Any changes made will apply to everyone covered by the award.

Before we can grant any application to vary a modern award, we are required to consider the modern awards objective set out in section 134 of the Fair Work Act 2009. Your application should explain why we should make the change with reference to the modern awards objective.

Applications are dealt with by a single Member, Full Bench or Expert Panel of the Commission who will decide the process to be followed. This can include:

• an initial conference or hearing
• directions for interested parties to file submissions and materials
• conferences or hearings where interested parties are required to give evidence to support their claim(s)
• a decision of the Commission on whether to change the award.

Award variation applications are usually conducted in public, and we will publish your application, correspondence and any other relevant materials we receive on our website. We do this so anyone with an interest in the award can read and respond to your application.

Have this information ready before you begin to fill in Form F46. You will need to give us:

• your contact details
• your lawyer or paid agent's contact details (if you have one)
• the name of the award, if you are applying to change or revoke an award
• the changes you would like the Commission to consider
• your reasons ('grounds') for the change, either:
  • so the award better meets the modern award objective OR
  • to remove ambiguity or uncertainty.

We store your information in line with our Privacy notice (pdf).

We will contact you to confirm we have received your application. Applications are dealt with by a single Member, Full Bench or Expert Panel of the Commission, who may then organise a hearing or conference.

Expert Panels determine applications to make, vary or revoke awards that involve:

• the Care and Community Sector
• the Road Transport Industry
• gender pay equity.

Fair Work Act 2009: section 157, section 158, section 159 and section 160

Fair Work Commission Rules 2024: Rule 31