Application for termination of the LINTIN Geotechnical Pty Ltd Enterprise Agreement 2016

[1] On 14 October 2025, Protest People Pty Ltd (the Applicant) made an application to the Fair Work Commission (Commission) to terminate the LINTIN Geotechnical Pty Ltd Enterprise Agreement 2016 (Agreement) under s.222 of the Fair Work Act 2009 (Act). The Agreement has a nominal expiry date of 9 February 2021.

[2] Section 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:

"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 single enterprise agreement. It was approved by the Commission on 10 February 2017. It was approved to operate from 17 February 2017 with a nominal expiry date of 9 February 2021.

[4] The Agreement does not cover any employee organisations.

[5] The application was supported by a F24A Statutory Declaration made on 14 October 2025 filed by Ms Natasha Corbett, Human Resources Business Partner on behalf of the Applicant. The Statutory Declaration included information outlining the steps taken by the employer to ensure that the employees covered by the Agreement were given a reasonable opportunity to decide whether they wanted to approve the termination and steps taken to notify all employees about the vote.

[6] The Statutory Declaration also indicated that 9 employees are covered by the Agreement, 8 casted a valid vote and 7 voted to approve the termination.

[7] On 3 October 2025 voting commenced. Voting concluded on 6 October 2025. Ms Corbett declared that on 6 October 2025, when votes were checked, that a majority of employees who cast a valid vote approved of the termination.

[8] Additionally, I sought the views of the employees covered by the Agreement. No responses were received from any employees.

[9] Based upon the material that is before the Commission, including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223(a) and (b) of the Act have been met. I am also satisfied, on the evidence before me, that there are no other reasonable grounds for believing that relevant employees have not approved the termination (s.223(c)) and that it is appropriate to approve the termination of the Agreement.

[10] In accordance with s.223 of the Act, I approve the termination of the Agreement. In accordance with s.224 of the Act, the termination of the Agreement will come into effect from the date of this Decision.

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