[1] On 8 December 2025, Enware Pty Ltd T/A Enware Australia (the Applicant) made an application to the Fair Work Commission (Commission) to terminate the Enware Enterprise Agreement 2024 (Agreement) under s.222 of the Fair Work Act 2009 (Act). The Agreement has a nominal expiry date of 22 November 2025.

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

"223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[3] The application was supported by a Statutory Declaration made on 5 December 2025 by Daria Szmytka (Senior Human Resources Manager).

[4] Ms Szmytka declared that the following steps were taken by the Applicant to ensure that the relevant employee(s) were given a reasonable opportunity to decide whether they wanted to approve the termination:

1. On 24 November 2025, Ms Szmytka emailed the following documents to all employees covered by the Agreement:

• A document explaining how each employee's terms and conditions of employment would be affected by the termination of the Agreement, which includes a clause-by-clause explanation of what the source of each entitlement in the Agreement will be if the Agreement is terminated;

• A covering letter to the employees which explains why the employee's entitlements will not be reduced if the Agreement is terminated and the source of the new entitlements, being a contract of employment and the Manufacturing and Associated Industries and Occupations Award 2020 (the Award);

• A copy of the employment contract that will be provided to employees if the Agreement is terminated;

• A copy of the Agreement with annotations which state what the source of each Agreement entitlement will be if the Agreement is terminated; and

2. Also on 24 November 2025, hard copies of the documents referred to at paragraph 4(a) above were provided to all of the employees covered by the Agreement.

1. On 24 November 2025, Ms Szmytka emailed all employees covered by the Agreement an invitation to attend an information session, to enable them an opportunity to ask questions regarding the Employer's intention to termination the Agreement. This email also invited employees to contact Ms Szmytka directly with any questions relating to the proposed termination of the Agreement.

1. On 27 November 2025 and 1 December 2025, Ms Szmytka conducted information sessions at which she explained the impact of the termination of the Agreement on employees and invited them to ask further questions.

[5] Ms Szmytka also declared that the email sent to the employees covered by the Agreement on 24 November 2025 notified the employees of the time and place at which the vote was to occur and the voting method to be used. This information was also provided to employees in hard copy on 24 November 2025.

[6] On 3 December 2025 voting commenced. Voting concluded that same day. Ms Szmytka declared that on 3 December 2025, when votes were checked, that a majority of employees who cast a valid vote approved of the termination.

[7] On 10 December 2025, my Chambers wrote to the Employer, directing it to serve the application, statutory declaration and its associated annexures on all employees covered by the Agreement along with a Covering Email which provided the contact details for my Chambers and provided employees covered by the Agreement any opportunity to express any views on the termination application by no later than 30 December 2025.

[8] On 11 December 2025, the Employer forwarded a copy of the email referred to at paragraph [7] above to the Commission which showed that the termination application and Covering Email had been served on all employees covered by the Agreement.

[9] No employee has expressed any views to the Commission regarding the termination application.

[10] Based upon the material that is before the Commission, including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223(a) and (b) of the Act have been met. I am also satisfied, on the evidence before me, that there are no other reasonable grounds for believing that relevant employees have not approved the termination (s.223(c)) and that it is appropriate to approve the termination of the Agreement. There are no employee organisations covered by the Agreement, so s 223(d) is not relevant.

[11] In accordance with s.223 of the Act, I approve the termination of the Agreement. In accordance with s.224 of the Act, the termination of the Agreement will come into effect from 23 January 2026.

Printed by authority of the Commonwealth Government Printer