Application for termination of the Nightcliff Family Centre Inc. Enterprise Agreement 2014

[1] On 24 February 2026, Nightcliff Family Centre Inc (the Applicant) made an application for termination of the Nightcliff Family Centre Inc. Enterprise Agreement 2014 (the Agreement) under s.222 of the Fair Work Act 2009 (the FW Act).

[2] The Agreement is a single enterprise agreement. The nominal expiry date of the Agreement was 1 December 2017.

[3] The Applicant filed a Form F24 application with a Form F24A Statutory Declaration of Ms Hannah West, Chairperson of the Nightcliff Family Centre Parent Committee, along with supporting annexures.

[4] The Form F24 and supporting materials provide that voting commenced on 11 February 2026, via an in person secret ballot. For absent employees, an email was sent to allow for electronic voting. The voting process concluded on 16 February 2026. The Applicant advised that 15 employees are covered by the Agreement, and 14 employees cast a valid vote. Of those 14 employees who case a valid vote, 11 employees voted to approve the termination of the Agreement.

[5] I am satisfied that the procedural requirements outlined in s.222 of the FW Act have been satisfied.

[6] Section 223 of the FW Act 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."

Whether the employees were given notice of the vote and a reasonable opportunity to decide

[7] Ms West provided comprehensive submissions in her statutory declaration as to the all-staff meetings, individual consultation meetings, and correspondence exchanged in relation to the proposal to terminate the Agreement. An email was sent to all staff to notify of the vote on 5 February 2026. A final optional consultation meeting was also conducted on 11 February 2026, prior to voting commencing.

[8] I am satisfied that the employer took all reasonable steps to notify employees of the time and place of the vote and of the voting method to be used. I am also satisfied that the employees were provided with a reasonable opportunity to decide.

Whether the termination was agreed to in accordance with s.221 of the Act

[9] As the Agreement is a single enterprise agreement, the termination is agreed to under s.221(1) of the Act when a majority of employees who cast a valid vote approve the termination. As outlined above, a majority of the employees who cast a valid vote, voted to approve the termination of the Agreement. Therefore, the termination was agreed to under s.221(1) of the Act.

Whether there are any other reasonable grounds for believing that the employees have not agreed to the termination

[10] The Commission has not heard from any employee in relation to the application, or to contest the validity of the ballot outcome.

Where 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.

[11] On 27 February 2026, my Chambers wrote to the United Workers' Union (the UWU), being an employee organisation covered by the Agreement, who also attended a number of the meetings as provided in Ms West's statutory declaration, to seek its views. The UWU wrote to my Chambers on that same date, advising that it was not raising any objections to the application.

[12] Based on the material before the Commission, I am satisfied that the requirements of ss.222 and 223 of the Act have been met. Therefore, I must terminate the Agreement.

[13] In accordance with s.224 of the Act, the termination of the Agreement will operate on and from 27 February 2026.

[14] I so Order.

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