[1] Scenic Tours Pty Ltd (Scenic Tours) has applied to terminate the Scenic Tours Enterprise Agreement 2017 (Agreement) by agreement pursuant to s.222 of the Fair Work Act 2009 (Cth) (FW Act). The Agreement's nominal expiry date is 1 January 2022.

[2] The Agreement is a single enterprise agreement. It was approved by the Commission on 17 July 2018 to operate from 24 July 2018. There are no employee organisations covered by the Agreement.

[3] The application was accompanied by a declaration made by Jarrod Pask (General Manager - Customer, Operations & Administration). Mr Pask's declaration states that:

• An information session was held with the relevant employees on 10 October 2025.

• The relevant employees were notified on 22 October 2025 that an electronic vote would occur from 5 to 7 November 2025 using an external voting provider.

• Employees were sent a reminder to vote via email on 29 October 2025.

• A further information session was held on 30 October 2025.

• 11 of the 12 relevant employees cast a valid vote from 5 to 7 November 2025 and all 11 employees voted in support of the Agreement being terminated.

[4] I listed a Mention/Directions hearing on 25 November 2025. During the hearing, Mr Pask and Jessica Germon (People and Culture Manager) provided further information about the impact of the Agreement being terminated. Ms Germon confirmed that employees will benefit if the Agreement is terminated because they will receive superior conditions of employment under the Miscellaneous Award 2020. Mr Pask confirmed that the business has undergone significant change since the Agreement was approved and the terms of the Agreement are no longer fit for purpose. Mr Pask also indicated Scenic Tours has been advised that the Passenger Vehicle Transportation Award 2020, which is referred to in the Agreement, no longer covers Scenic Tours because their tour directors do not drive coaches as part of the tours.

[5] I am satisfied that the process described in Mr Pask's declaration meets the requirements in s220(2) and s.223(a) of the FW Act.

[6] I am satisfied based on Mr Pask's declaration and the confirmation of voting results document that has been filed by Scenic Tours that the termination was agreed in accordance with s.221(1) and s.223(b) of the FW Act.

[7] I am satisfied based on Mr Pask's declaration and the evidence provided by Mr Pask and Ms Germon during the Mention/Directions hearing on 25 November 2025 that there are no other reasonable grounds for believing that the affected employees have not agreed to the termination in accordance with s.223(c) of the FW Act.

[8] There are no employee organisations covered by the Agreement so s.223(d) of the FW Act is not relevant to the application.

[9] Section 223 of the FW Act states that the Commission must approve a valid application for the termination of an agreement if all the requirements in s.223(a) to (d) are met.

[10] For the reasons set out above, I am satisfied that all these requirements have been met.

[11] I approve the termination of the Agreement and specify that the termination will take effect on 3 December 2025.

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