PRO-BUILT CONTROL PTY LTD ENTERPRISE AGREEMENT 2021

Application for termination of the Pro-Built Control Pty Ltd Enterprise Agreement 2021

[1] On 28 October 2025, Pro-Built Control Pty Ltd T/A Pro-Built Control (Pro-Built) filed an application (Application) for the termination of the Pro-Built Control Pty Ltd Enterprise Agreement 2021 (the Agreement)[1] pursuant to s.222 of the Fair Work Act 2009 (the Act).The Agreement is a single enterprise agreement which nominally expired on 12 November 2025.[2] The Agreement is expressed to cover Pro-Built Control Pty Ltd ACN 101 147 764 and the employees of Pro-Built who perform services and hold qualifications at a level equivalent to an Electrical worker grade 5 and above (as defined in the Electrical, Electronic and Communications Contracting Award 2020) including the installation of electric light and power, all classes of assembly, wiring, repair and maintenance of electrical installations and appliances.[3]

[2] The Application was accompanied by a Form F24A - Declaration in support of termination of an enterprise agreement (Form F24A) made by Mr Stephen Lees, Director of Pro-Built Control Pty Ltd.

[3] The Act relevantly provides as follows:

"222 Application for the FWC's 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 the 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.

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

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

If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination."

[4] I am satisfied that the requirements of s.222(1) and (2) of the Act are met. The application to terminate the Agreement has been made by the Applicant, a person covered by the Agreement. Further, it was accompanied by the material required by the Fair Work Commission Rules 2024, being made by Form F24 and accompanied by a Form F24A declaration setting out the basis upon which the Fair Work Commission (FWC) can be satisfied that the requirements of s.223 of the Act have been met.

[5] Section 222(3) of the Act sets out the timeframe within which an application must be made. In the Form F24, Pro-Built stated the termination was agreed to on 16 October 2025. The Application was therefore lodged within the 14-day timeframe stipulated in s.222(3)(a).

[6] I must approve the Application if I am satisfied that the requirements set out in s.223 of the Act are met. I consider each of those requirements below.

Each employer covered by the agreement complied with subsection 220(2) in relation to the agreement - s.223(a)

[7] The employer must take all reasonable steps to notify the employees of the time and date of the vote, the voting method that will be used (s.220(2)(a)) and give those employees a reasonable opportunity to decide whether to approve the proposed termination (s.220(2)(b)).

[8] In the Form F24A Mr Lees declared that employees were notified of the time, place and voting method during a meeting held on 1 October 2025 and in a finalised version of an Explanation Letter provided on 1 October 2025. He further disclosed that employees were sent a calendar invite with the time, date and location of the vote on 6 October 2025. Pro-Built submits, and I am satisfied, that this satisfies the requirements of s.220(2)(a).

[9] As regards s.220(2)(b), Mr Lees declared in the Form F24A that the following steps were taken:

1. All 8 employees of Pro-Built attended a face-to-face meeting about the proposed termination of the Agreement on 17 September 2025. During the meeting, each employee was handed a pack with the following documents:

   • the Agreement;

   • the Electrical, Electronic and Communications Contracting Award 2020 (the Award);

   • the National Employment Standards contained in the Fair Work Act 2009 (Cth);

   • an initial version of a letter titled "Proposed termination of the Pro-Built Control Pty Ltd Enterprise Agreement 2021 by agreement";

   • a table setting out a comparison of key terms under the Agreement and Award, along with comments on the impact should the Agreement be terminated.

2. Mr Lees asserts that he went through all the documents in detail and explained the impact that the termination would have on employee terms and conditions, going through the comparison table. Mr Lees further asserts that he explained that employment contracts would be provided setting out terms of the Agreement that would be honoured when the Agreement was terminated. He notes employees raised a range of initial questions during the meeting that were answered. Mr Lees advised employees that they would meet again on 1 October 2025 giving employees time to consider the proposal in detail.

3. Mr Lees also emailed the above pack of documents to employees on 19 September 2025.

4. Mr Lees outlined that another meeting was held on 1 October 2025. All 8 employees attended the meeting. Mr Lees asserts that he answered numerous questions and advised employees of the details of the vote during the meeting.

5. Mr Lees stated that after the meeting, he emailed each employee a finalised version of the Explanation Letter as well as a draft employment contract the Pro-Built proposed the parties sign in the event the Agreement was terminated, confirming which terms of the Agreement would be preserved by way of contract.

[10] Pro-Built submits, and I am satisfied, the above steps satisfy the requirements of s.220(2)(b).

The termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies - s.223(b)

[11] The Agreement is a single-enterprise agreement and therefore s.221(1) applies. Section 221(1) provides that if the employees have been asked to approve a proposed termination in accordance with s.220(1), the termination is agreed to when a majority of the employees who cast a valid vote approve the termination.

1. In the Form F24A, Mr Lees declared that voting opened by way of secret ballot at 7:00am on 15 October 2025 and closed at 3:30pm on 16 October 2025. Mr Lees counted the votes with one of the employees covered by the Agreement on 17 October 2025, noting that all 8 employees voted and that they all voted in favour of termination of the Agreement. As such, the termination was agreed to on 16 October 2025.

[12] Having regard to the circumstances of this matter, I am satisfied that the termination was agreed to in accordance with s.221(1).

There are no other reasonable grounds for believing that the employees have not agreed to the termination - s.223(c)

[13] I am satisfied that there are no other reasonable grounds for believing that the employees covered by the Agreement have not agreed to the termination.

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 - s.223(d)

[14] As outlined above, the Agreement is expressed to cover Pro-Built and the employees set out in paragraph [1] above. As it does not cover any employee organisation, there are no views to take into account pursuant to s.223(d).

[15] Based on the material contained in the declaration made by Mr Lees, I am satisfied that Pro-Built has complied with the requirements in s.220(2) of the Act. I observe the Application has been made in accordance with the requirements in s.222. I am also satisfied that the termination was agreed to by a majority of the relevant employees who cast a valid vote to approve the termination as required by s.221(1). I am not aware of any reasonable grounds for believing that the employees have not agreed to the termination.

[16] In the circumstances I consider it appropriate to approve the termination.

[17] The termination will operate from 28 November 2025.

[18] An order giving effect to this decision is separately issued in PR794312.

[2] [2021] FWCA 6575 at [8].

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