Application for termination of the JJ Air Conditioning Installations Pty Ltd & CEPU South Australia Mechanical Services Agreement 2023

[1] An application has been made by JJ Air Conditioning Installations Pty Ltd (the Applicant) for the termination of the JJ Air Conditioning Installations Pty Ltd & CEPU South Australia Mechanical Services Agreement 2023 (the Agreement) pursuant to section 222 of the Fair Work Act 2009 (the Act). The application was accompanied by a declaration completed by Mr Joshua Johns, Managing Director of the Applicant.

[2] The application was made in accordance with the requirements of s. 222 of the Act and accordingly, a valid application has been made.

[3] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission on 30 June 2023.[1] It was approved to operate from 7 July 2023 with a nominal expiry date of 31 October 2025.

[4] Section 223 of the Act states that the Commission must approve an application for the termination of an agreement if each of the requirements in subsections 223(a) to (d) of the Act are met.

[5] I am satisfied that the materials provided to the Commission demonstrate that reasonable steps were taken on 10 December 2025 to notify employees of the Applicant of the information required by s. 220 (2) of the Act. Accordingly, s. 223 (a) of the Act has been met.

[6] A secret ballot vote was held on 18 December 2025 with 12 out of 14 people who cast a valid vote, voting to terminate the Agreement. I am satisfied that the termination was agreed to in accordance with s. 221(1) of the Act and therefore the requirement in s. 223 (b) of the Act has been met.

[7] I am satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The requirement of s. 223 (c) of the Act has therefore been met.

[8] I have taken into consideration that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has advised the Commission that it does not oppose the termination of the Agreement. I consider that it is appropriate to approve the termination of the Agreement, taking this into account, satisfying the requirement of s. 223 (d) of the Act.

[9] Accordingly, I have found that based on the materials before me, the necessary requirements set out in s. 223 of the Act have been met and I must approve the termination of the Agreement.

[10] The application to terminate the Agreement is approved and the termination will take effect from today, 9 February 2026.

[11] I order accordingly.

[1] [2023] FWCA 2006.

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