//
austlii:cth/FWCA/2025/3469
General information, not legal advice.
FWCA
2025-09-25
Original judgment source is linked above.
The attached document wholly replaces the document previously issued on 25 September 2025 with the code [2025] FWC 2866 to correct document referencing.
s.222 - Enterprise agreement
SHADBOLT GROUP PTY LTD LUERSSEN SITE ENTERPRISE AGREEMENT 2022 - 2026
Application for termination of the Shadbolt Group Pty Ltd Luerssen Site Enterprise Agreement 2022 - 2026
[1] On 19 September 2025, Shadbolt Group Pty Ltd (the Employer) made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate the Shadbolt Group Pty Ltd Luerssen Site Enterprise Agreement 2022 - 2026 (the Agreement).
[2] Section 223 of the Act sets out the conditions which, if established, require the Commission to terminate the Agreement pursuant to section 222 of the Act.
[3] Section 223 provides as follows:
"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."
[4] The application was supported by a Form 24A statutory declaration made by Ms Claire Cubis-Edwards (Ms Cubis-Edwards), Human Resources Manager of the Applicant.
[5] Ms Cubis-Edwards declared that:
There is 1 employee (the Employee) covered by the Agreement which expires on 7 December 2026.
There was a meeting with the Employee to discuss the proposed termination of the Agreement.
A follow up email was sent to the Employee the day after the meeting summarising the discussion and enclosing an explanatory statement.
The voting method was explained and confirmed in writing to the Employee.
The Employee cast a valid vote.
The Employee voted to approve the termination of the Agreement.
[6] In addition to the application and declaration, on 25 September 2025 the Employer provided a copy of the follow up email and explanatory statement that was sent to the Employee after the meeting about the termination of the Agreement.
[7] The Employee was transitioned to the applicable award by 1 September 2025.
[8] For the purpose of section 223(d) of the Act, I note that there are no employee organisations covered by the Agreement whose views are required to be taken into account.
[9] In consideration of the Agreement before me, including the statutory declaration, I am satisfied that the requirements of section 223 of the Act have been met. In accordance with section 223, I must terminate the Agreement. The application to terminate the Agreement is approved accordingly.
[10] The Applicant has not nominated a preferred date for the termination of the Agreement. Having regard to section 227 of the Act, the termination will operate from the day of this decision, being 25 September 2025.
Printed by authority of the Commonwealth Government Printer