MCD HYDRAULICS (VIC) PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Application for termination of the MCD Hydraulics (Vic) Pty Ltd Enterprise Agreement 2014 - 2018

[1] MCD Hydraulics (Vic) Pty Ltd Trading as Australian Facilities Plumbing (the Applicant) has applied, pursuant to s 222 of the Fair Work Act 2009 (the Act), to terminate MCD Hydraulics (Vic) Pty Ltd Enterprise Agreement 2014 - 2018[1] (the Agreement). The Agreement is expressed to cover the Applicant and its employees who are classified as plumbers, unregistered plumbers, plumber's labourers, clerical, sales and stores/yard employees under the Agreement. No employee organisations are covered by the Agreement. The Agreement's nominal expiry date was 5 May 2018.

[2] Sections 222 and 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

"222 Application for FWC approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to FWC for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(3) The application must be made:

• (a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances FWC considers it fair to extend that period - within such further period as FWC allows.

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 Agreement is a single enterprise agreement. It was approved by the Fair Work Commission (the Commission) on 29 April 2014[2] and was approved to operate from 6 May 2014 with a nominal expiry date of 5 May 2018.

[4] I note the Form F24A declaration of Ryan Hudson (Manager of the Applicant), states that a ballot of employees conducted between 17 & 20 October 2025 resulted in a majority of employees who participated in the ballot, voting in support of termination of the Agreement. The application was filed in the Commission on 24 October 2025.

[5] Based on the material contained in the employer's declaration filed with the application and the additional documentation provided at the request of the Commission, I am satisfied that employees were afforded a reasonable opportunity to approve the termination of the Agreement (s 223(a)) and that a valid majority of employees covered by the Agreement approved its termination (s 223(b)). I am also satisfied that there are no other grounds for believing that employees have not agreed to the termination of the Agreement (s 223(c)), and that it is appropriate to terminate the Agreement (s 223(d)). Having been satisfied as to each of the relevant requirements in s.223, I must terminate the Agreement.

[6] The termination will operate from 31 October 2025. An order giving effect to this decision will be issued in conjunction with this decision.

[2] [2014] FWCA 2786.

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