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austlii:cth/FWCA/2025/3091
General information, not legal advice.
FWCA
2025-09-16
Original judgment source is linked above.
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
HYMIX AUSTRALIA PTY LIMITED SYDNEY CONCRETE CUSTOMER CENTRE ENTERPRISE AGREEMENT 2017
Application for termination of the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017
[1] This decision concerns an application made on 15 August 2025 under s 225 of the Fair Work Act 2009 (Cth) (the Act), by Hymix Australia Pty Ltd (the Applicant) for the termination of the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017 (the Agreement).
[2] This section allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date. The nominal expiry date of the Agreement is 31 August 2019.
[3] Section 226, set out below, details the considerations for the Commission when dealing with an application under s 225.
226 When the FWC must terminate an enterprise agreement
If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:
(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:
(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.
[4] The Application was made by Lilianne Leonardi, the Regional Human Resource Manager - Eastern Region for the Applicant. Miss Leonardi filed a Form F24C in conjunction with the Application, declaring that there were no employees covered by the Agreement.
[5] There are no Unions covered by the Agreement.
[6] I am satisfied that the termination of the Agreement is not contrary to the public interest.
[7] The views of the employer have been taken into account and there are no employees covered by the Agreement.
[8] Pursuant to s 227 of the Act, the termination is to take effect on and from the date of this decision.
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