INNOVATIVE ELECTRICAL SOLUTIONS GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Application for termination of the Innovative Electrical Solutions Group Pty Limited Single Enterprise Agreement 2021

[1] IES Automation Pty Ltd (Applicant) has applied pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Innovative Electrical Solutions Group Pty Limited Single Enterprise Agreement 2021 (Agreement). The Agreement is a single enterprise agreement made directly with employees and no employee organisation is covered by it. It has a nominal expiry date of 30 July 2025.

[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 Mr Justin Arnold (Managing Director) and supplemented by an affidavit from Ms Sonia Voysey (Business Manager), which outlined the process undertaken to consult with employees regarding the proposed termination of the Agreement. It was declared that the voting process concluded on 25 March 2025, and of the 19 employees covered by the Agreement who cast a valid vote, 18 voted in favour of the 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. 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 1 May 2024.

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