Application for termination of the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023.

[1] Finnbarr Construction Pty Ltd (Applicant) has applied pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023 (Agreement). The Agreement is a single enterprise agreement and has a nominal expiry date of 31 March 2024.

[2] Section 223 of the Act sets out the circumstances in which the Commission must approve the termination of an enterprise agreement. It provides:

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 declaration from the Applicant's Director, Mr Ross Finnegan, outlining the process undertaken to consult with employees regarding the termination of the Agreement. The declaration stated that the voting process concluded on 3 March 2026, and that all 23 of the employees covered by the Agreement who cast a valid vote voted in favour of its termination.

[4] Having considered the material before me, I am satisfied that the requirements of the Act for the termination of an enterprise agreement have been met and that there are no reasonable grounds for believing that the employees have not agreed to the termination. The Construction, Forestry and Maritime Employees Union, being the employee organisation covered by the Agreement, was advised of the application and did not object to the termination. Pursuant to s.233 of the Act, I therefore must approve the termination of the Agreement.

[5] The termination of the Agreement is approved. In accordance with s.224 of the Act, the termination operates on and from 10 March 2026.

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