//
[11]
austlii:cth/FWCA/2025/2459
General information, not legal advice.
FWCA
2025-07-25
Original judgment source is linked above.
s.222 - Application for approval of a termination of an enterprise agreement
Peace Of Mind Installation And Integration Pty Ltd
PEACE OF MIND INSTALLATION AND INTEGRATION ENTERPRISE AGREEMENT 2015 - 2019
Application for termination of the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019
[1] An application has been made by Peace of Mind Installation And Integration Pty Ltd
(Applicant) for the termination of the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019 (Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act). The application was accompanied by a declaration completed by Ms Samantha Barett (Human Resources Business Partner).
[2] The Agreement is a single enterprise agreement. It was approved by the Commission on 28 July 2016.[1] It was approved to operate from 4 August 2016 with a nominal expiry date of 3 May 2020.
[3] 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 ss.223(a) to (d) are met.
[4] Ms Barrett declares that the employees covered by the Agreement were consulted about the Applicant's proposal to terminate the Agreement on 19 June 2025. On 24 June 2025 the employees were provided with documents explaining the proposal and advised that a vote to determine whether the employees wished to terminate the Agreement would occur between 24 June and 1 July 2025. Ms Barret has provided information to establish that the reasons the employees were being asked to vote in relation to terminating the Agreement and the effect of the Agreement being terminated was explained to employees. I am satisfied that the process followed meets the requirements in s.220(2) and s.223(a) of the Act.
[5] Ms Barrett also described the voting process. Of 13 employees, 7 cast a valid vote and of those employees 6 voted in favour of terminating the Agreement. I am satisfied that the termination was agreed in accordance with s.221(1) and s.223(b) of the Act.
[6] I am satisfied that there are no other reasonable grounds for believing that the affected employees have not agreed to the termination in accordance with s.223(c) of the Act.
[7] The Agreement does not cover a union so s.223(d) does not apply.
[8] As I am satisfied that all of the requirements in s.223 are met I approve the termination of the Agreement and specify that the termination will take effect on 25 July 2025
Printed by authority of the Commonwealth Government Printer