Application for termination of the Red Appointments On-Hire Employee Agreement 2015 - Agreement terminated.

[1] On 26 September 2025, Red Appointments Pty Ltd (the Applicant or Red Appointments) filed an application pursuant to section 225 of the Fair Work Act 2009 (the Act) in the Fair Work Commission to terminate the Red Appointments On-Hire Employee Agreement 2015 (the Agreement). The application was accompanied by a declaration completed by Mr Stephen Hall, Commercial ER/IR Manager of the Applicant.

[2] The Agreement is a single enterprise agreement. It was approved by the Commission on 16 October 2015.[1] The Agreement was approved to operate from 23 October 2015 with a nominal expiry date of 16 October 2019.

[3] The application is made by Red Appointments in its capacity as the employer covered by the Agreement. Red Appointments is eligible to bring this application as the employer covered by the Agreement in accordance with section 225(a) of the Act.

[4] There are no employee organisations covered by the Agreement.

[5] Section 226 of the Act sets out the criteria which must be met for an agreement to be terminated pursuant to section 225 of the Act. I have had regard to the criteria in section 226 of the Act.

[6] Red Appointments seeks the termination of the Agreement on the basis that the Agreement does not, and is not likely to, cover any employees.[2]

[7] Alternatively, Red Appointments submits that the continued operation of the Agreement would be unfair for the employees covered by the Agreement because the Agreement is no longer a suitable instrument containing fair minimum terms of engagement and if the Agreement was to be made now, it would not be capable of approval by the Commission.

[8] A subsequent statutory declaration of Mr Hall, filed on 24 October 2025, confirms the Agreement does not currently cover any employees, nor is it likely to cover any future employees.[3] The Agreement has not covered any employees since 2 July 2024.[4]

[9] Based on the material before me, I am satisfied that the Agreement does not, and is not likely to, cover any employees. In accordance with the requirements in section 226(1)(b) I must then terminate the Agreement.

[10] As section 226(1)(b) of the Act is satisfied, there is no need for me to consider the Applicant's submissions directed at satisfying section 226(1)(a). Section 226(1)(c) has no relevance to this matter.

[11] Likewise, section 226(2) has no application to this matter.

[12] Section 226(3) sets out that in deciding whether to terminate the Agreement I must have regard to the views of specified parties covered by the Agreement. In deciding to terminate this Agreement I have considered the views of the employer, Red Appointments, as set out in the application and supporting declarations. There are no employees and no employee organisations covered by the Agreement for whose views I should have regard.

[13] The Applicant has informed the Commission that no bargaining is occurring to replace the Agreement and consequently section 226(4) of the Act has no application to this matter.

[14] I am not aware of any other relevant matters to be considered pursuant to section 226(5). No matters were brought to my attention that would lead me to conclude that the termination of the Agreement would not be appropriate.

[15] In reference to section 226(1A), I am satisfied that it is appropriate in all the circumstances to terminate the Agreement.

[16] Accordingly, the Agreement is terminated. Pursuant to section 227 of the Act, the termination is to take effect from the date of this Decision. An Order[5] to this effect is issued concurrently with this decision.

[1] [2015] FWCA 7136.

[3] Statutory Declaration of Mr Stephen Hall dated 23 October 2025 at paragraphs 3-4.

[5] PR793267.

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