Fair Work Commission|2025-08-06

Protech Personnel (Vic) Pty Ltd [2025] FWC 2290 (6 August 2025)

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Application for termination of the AMWU and Protech Personnel (Vic) Pty Ltd Metals Labour Hire Greenfields Agreement 2013-2016

[1] Protech Personnel Pty Ltd (Protech Personnel) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the AMWU and Protech Personnel (VIC) Pty Ltd Metals Labour Hire Greenfields Agreement 2013-2016[1] (the Agreement) after its nominal expiry date.

[2] The Australian Manufacturing Workers' Union (AWMU) is covered by the Agreement and were served a copy of the Application on 17 July 2025.

[3] Section 225 of the Act provides that an employer covered by an enterprise agreement may apply for the Fair Work Commission (the Commission) to terminate that agreement after its nominal expiry date. The Agreement has passed its nominal expiry date of 30 June 2016. The Applicant is an employer covered by the Agreement and is entitled to make the application for termination of the Agreement after its nominal expiry date.

[4] Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made. I have had regard to the relevant mandatory considerations as set out in s.226 of the Act.

[5] The material filed by Protech Personnel in support of the application includes the originating application and accompanying statutory declaration made by Mr Patrick Hill, National IR Manager, for Protech Personnel.

[6] On 23 July 2025, the Commission sought the views of the AMWU as to whether they objected to the Application and the likely effect that the termination of the Agreement will have on them. The AMWU advised it did not object to the Application.

[7] On 24 July 2025, further correspondence was sent to the parties noting that in the absence of any further submissions or objections it was my intention to determine the matter on the materials that were currently before me. The parties were directed to contact my Chambers by 30 July 2025 if they sought to be heard. No further correspondence was received by my Chambers. Subsequently, the parties were advised that as no further correspondence had been received, I would proceed to determine the Application on the materials before me.

[8] The Form F24C Statutory Declaration dated 17 July 2025 filed on behalf of Protech Personnel states that there are no employees covered by the Agreement, or likely to be covered by the Agreement. Because there are no employees covered by the Agreement, the views of the employees have not been sought.

[9] Protech Personnel submits that the Agreement should be terminated as it would simplify the Applicant's IR framework by reducing the number of enterprise agreements that exist but do not currently apply to employees.

[10] For the purposes of s.226(4), there is no proposed enterprise agreement and none of the matters in that subsection are relevant to the application before me.

[11] Section 226(1)(b) of the Act requires the Commission to terminate the Agreement if the Agreement does not, and it not likely to, cover any employees. Based on the material before me, including that contained in the employer Declaration filed with the Application, I am satisfied that that the Agreement does not, and is not likely to, cover any employees, and the requirement of s 226(1)(b) is met. I have sought and considered the views of Protech Personnel and the AMWU, there were no matters brought to my attention that would otherwise indicate that termination of the Agreement would not be appropriate. I am satisfied having regard to s.266(1A) of the Act, that it is appropriate in all circumstances to terminate the Agreement.

[12] Having made the above findings, the Act requires that I terminate the Agreement.[2] In accordance with s.227 of the Act, the termination will take effect from 6 August 2025.

Printed by authority of the Commonwealth Government Printer

At a glance