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austlii:cth/FWCA/2025/2451
General information, not legal advice.
FWCA
2025-07-25
Original judgment source is linked above.
[2025] FWCA 2451 [Note: a correction has been issued to this document]
s.222 - Enterprise agreement
HQPLANTATIONS PTY LTD ENTERPRISE AGREEMENT 2022
Application for termination of the HQPlantations Pty Ltd Enterprise Agreement 2022
[1] On 12 June 2025, HQPlantations Pty Ltd (the Applicant) applied for the Commission to approve the termination of the HQPlantations Pty Ltd Enterprise Agreement 2022 (the Agreement), pursuant to section 222 of the Fair Work Act 2009 (the Fair Work Act). The nominal expiry date of the Agreement is 30 June 2026.
[2] The Applicant is an employer party to the Agreement and the application was lodged within 14 days of the termination being agreed to by the employees of the Applicant.
[3] Section 223 of the Fair Work Act sets out the conditions which must be met for an enterprise agreement to be terminated pursuant to s 222 of the Fair Work Act. Essentially the Commission is required to approve the termination if it:
is satisfied of three conditions relating to whether employees have agreed to the termination; and
considers it appropriate to approve the termination taking into account the views of employee organisations, if any, covered by the Agreement.
[4] The application was supported by a statutory declaration made by Mr Daniel Pfrunder, General Manager People, Safety and Risk, of the Applicant, on 11 June 2025.
[5] The Agreement covers the Australian Workers' Union, the Construction, Forestry and Maritime Employees Union, and the Australian Municipal, Administrative, Clerical and Services Union. I provided those employee organisations with an opportunity to be heard. None indicated any opposition to the application.
[6] Based on the material that is before the Commission, including Mr Pfrunder's statutory declaration, I am satisfied that the requirements of s 223 of the Fair Work Act have been met.
[7] Because I am satisfied as to each of the matters referred to in s 223(a) to (d) of the Fair Work Act, I must approve the termination of the Agreement.
[8] The application to terminate the Agreement is approved. The termination will take effect from 30 July 2025.
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