Use Form F85 to make an application for us to reconsider whether an enterprise agreement passes the better off overall test (‘BOOT’).
Introduction
On this page:
Content
Who can use this form
Use this form if you are:
- an employer covered by the agreement, or an officer or authorised employee completing this form for an employer covered by the agreement
- an employee covered by the agreement
- an officer or authorised employee of an employee organisation covered by the agreement.
Before you start
Have this information ready before you begin the application. You will need to tell us:
- your details
- your representative’s details, such as a lawyer or paid agent (if you are using one)
- basic details of the agreement, such as its name and the industry it covers
- details of whether the agreement has been varied by us since it was approved
- details of the employer(s) covered by the agreement
- details of any employee organisation(s) covered by the agreement
- the relevant award(s) to compare with the agreement
- the reasons why we should reconsider the BOOT.
As soon as possible after you lodge the application, you must send (serve) a copy to:
- each employer covered by the agreement
- each employee organisation covered by the agreement.
We store your information in line with this form's Privacy notice (pdf).
Apply now
Content
Email your completed form to lodge@fwc.gov.au.
You can also send or deliver your form to the Commission office near you.
What happens next
After you lodge your form, we assess your application.
Rules and regulations for this form
Fair Work Act 2009: Section 227A