[2025] FWCA 2723

Fair Work Act 2009

s.222 - Enterprise agreement

Rural Workforce Agency Victoria Limited Trading AS Rural Workforce Agency Victoria Ltd

RURAL WORKFORCE AGENCY VICTORIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services

Application for termination of the Rural Workforce Agency Victoria Enterprise Agreement 2015

[1] On 11 July 2025, Rural Workforce Agency Victoria Limited (RWAV) caused to be filed the application together with the Form F24A declaration (the Application Documents) to apply under s 222 of the Fair Work Act 2009 for the termination of the Rural Workforce Agency Victoria Enterprise Agreement 2015 (the 2015 Agreement), an enterprise agreement which has not passed its nominal expiry date. Clause 3 of the 2015 Agreement provides a nominal expiry date of 30 June 2018.

[2] On 25 July 2025, I issued directions for RWAV to file material in support of its application, serve a copy of the directions to any employee or employee organisation covered by the 2015 Agreement and for my Chambers to be notified of any objection.

[3] Sections 220 to 224 of the Act are relevant this application.

"220 Employers may request employees to approve a proposed termination of an enterprise agreement

(1)  An employer covered by an enterprise agreement may request the employees covered by the agreement to approve a proposed termination of the agreement by voting for it.

(a)  take all reasonable steps to notify the employees of the following:

(i)  the time and place at which the vote will occur;

(b)  give the employees a reasonable opportunity to decide whether they want to approve the proposed termination.

(3)  Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.

221 When termination of an enterprise agreement is agreed to

(1)  If the employees of an employer, or each employer, covered by a single enterprise agreement have been asked to approve a proposed termination of the agreement under subsection 220(1), the termination is agreed to when a majority of the employees who cast a valid vote approve the termination.

(2)  If the employees of each employer covered by a multi-enterprise agreement have been asked to approve a proposed termination of the agreement under subsection 220(1), the termination is agreed to when a majority of the employees of each individual employer who cast a valid vote have approved the termination.

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] The 2015 Agreement, approved on 15 September 2025, has since been replaced by the Rural Workforce Agency Victoria Limited Enterprise Agreement 2025 (the 2025 Agreement) approved on 30 April 2025. The 2025 Agreement excludes employees in a senior leadership position (including General Managers), while the 2015 Agreement does not.

[5] The only employees still covered by the 2015 Agreement are 3 employees employed in a General Manager position (collectively the Employees):

• Kate Temby - General Manager Strategy & Partnerships;

• Joanna Willatts - General Manager Service Delivery; and

• Shayano Madzikanda - General Manager Finance & Risk.

Evidence on the opportunity to decide, the vote and other matters

[6] On 31 March 2025, Ms. Susan Rundle, Senior People and Culture Advisor, conducted a meeting with the Employees to discuss termination of the 2015 Agreement and grandfathering certain terms on a contractual basis. After the meeting, Ms. Rundle sent the Employees a document titled "Employment Contract Variation Inclusions for General Managers" and sought feedback by 2 April 2025.

[7] On 1 May 2025, an update was provided by Ms. Rundle advising of the Commission's approval of the 2025 Agreement, which had delayed further correspondence with the Employees. She explained she would be seeking Board approval over proposed terms and conditions for current and future General Managers before finalising contracts with the assistance of law firm Russell Kennedy.

[8] On 25 June 2025, a meeting was held with the Employees to discuss the proposed contracts. They were invited to raise any questions or concerns in regard to the contract terms as well as termination of the 2015 Agreement.

[9] On 26 June 2025, Ms. Rundle sent an email titled "Next Steps" indicated she would seek legal advice on the Employees' questions regarding the contracts and flagged the method of voting to terminate the 2015 Agreement by SurveyMonkey.

[10] On 4 July 2025, Ms. Rundle emailed each of the Employees, among other material regarding new contracts, information and a request to vote on termination of the 2015 Agreement. The material included a letter which provided the following context:

"As you will be aware, since the endorsement of the new RWAV Enterprise Agreement 2025, there remains only three employees covered by the RWAV EA 2015. As we have previously discussed, your agreement to terminate this agreement, along with the other two General Managers, has always been required but we wanted to ensure that agreement had been reached on your new employment contracts, before seeking your formal agreement to terminate the RWAV Enterprise Agreement 2015."

[11] That letter and the body of the enclosing email contained a SurveyMonkey link through which Employees were asked to vote by close of business on 10 July 2025.

[12] On 10 July 2025, voting concluded with all 3 employees voting to terminate the 2015 Agreement. RWAV filed in the Commission a screenshot of the results page, which provides 3 answers of "Yes" and 0 answers of "No" in response to the statement "I have been fully updated and provided with my new employment terms and conditions and I agree to the termination of the RWAV Enterprise Agreement 2015".

[13] Following lodgement of the application and the matter being allocated to my Chambers, on 25 July 2025, I directed RWAV to serve the application documents and a copy of the directions to any employee or employee organisation covered by the 2015 Agreement. Each employee was forwarded copies of the application documents and a copy of the directions. Those direction also required if any employee or employee organisation opposed the Application, a submission should be made to my Chambers by e-mail by 5:00 PM on 5 August 2025. No submissions were received.

[14] On 8 August 2025, Mr. Harrison Gray of Russell Kennedy filed on behalf of RWAV submissions under s 223 in support of the application which includes an account of the background of the application. This was followed on 12 August 2025 by a signed statement from each of the three Employees confirming they agree with the submissions and do not oppose the application.

[15] Based on the material filed in this matter, I find:

• The three Employees were given a reasonable opportunity to decide whether they wanted to approve the proposed termination. Accordingly, s 220(2) of the Act was complied with.

• All three Employees cast a valid vote in favour of the terminating the 2015 Agreement, which was a single enterprise agreement, as required by s 221(1) of the Act.

• The application was made on 11 July 2025, the day after the deadline by which the Employees were asked to vote. This was within the fourteen days prescribed by s 222(3)(a) of the Act.

• On the material before me, and on the failure of any of the Employees to take up the invitation to express their views on the termination, I consider there are no reasonable grounds for believing the employees had not agreed to the termination under s 223(c).

[16] I am therefore satisfied that each of the requirements of ss 220, 221, 222 and 223 of the Act have been met and that it is appropriate to terminate the 2015 Agreement. The termination will come into effect from the date of this decision. An order[1] terminating the 2015 Agreement will be issued separately.

[1] PR790696.

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