[1] The Applicant has applied to terminate the Nerada Tea Estates Enterprise Agreement 2017 (which had the original matter number of AG2017/3238). The Applicant is the employer covered by the Agreement. It has changed its name since the Agreement was approved.

[2] The Agreement is a single enterprise agreement and was approved by the Commission on 19 January 2018. It reached its nominal expiry date on 19 January 2022.

[3] The application to terminate was made under section 225 of the Fair Work Act 2009 (Cth) ("the Fair Work Act"). Section 226 of that Act provides:

"226 Terminating an enterprise agreement after its nominal expiry date

(1) If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(b) the FWC is satisfied that the agreement does not, and is not likely to, cover any employees; or

(1A) However, the FWC must terminate the enterprise agreement under subsection (1) only if the FWC is satisfied that it is appropriate in all the circumstances to do so.

(3) In deciding whether to terminate the agreement, the FWC must consider the views of the following covered by the agreement:

(a) the employees (unless there are no employees covered by the agreement);

Note: The President may be required to direct a Full Bench to perform a function or exercise a power in relation to the matter if any of the employers, employees, or employee organisations, covered by the agreement oppose the termination (see subsection 615A(3)).

(4) In deciding whether to terminate the agreement (the existing agreement), the FWC must have regard to:

(a) whether the application was made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement; and

(b) whether bargaining for the proposed enterprise agreement is occurring; and

(c) whether the termination of the existing agreement would adversely affect the bargaining position of the employees that will be covered by the proposed enterprise agreement.

(5) In deciding whether to terminate the agreement, the FWC may also have regard to any other relevant matter."

[4] The Application was supported by a declaration made by Tony Poyner, Director. Mr Poyner declared, among other things, that the company had ceased trading, and had only one remaining employee, Matthew Poyner. Mr Tony Poyner declared that Mr Matthew Poyner's position was Estate Manager, and that the latter was not covered by the Agreement.

[5] I sought confirmation from Mr Matthew Poyner, who responded, stating: "I wish to advise that I have no objection to the application submitted by Tony Poyner on behalf of Tea Extracts Australia Pty Ltd for the termination of the Nerada Tea Estates Enterprise Agreement 2017. I confirm that I am the sole remaining employee and that my current role is not covered by the scope of this agreement."

[6] I am satisfied that the Agreement does not, and is not likely to, cover any employees, and that the requirement of s.226(1)(b) is therefore met. I am satisfied that the termination of the Agreement is not contested.

[7] As there are no employees covered by the Agreement, there are no employees whose views are to be sought. The Applicant is the only employer covered by the Agreement. It supports termination. There were no employee organisations covered by the Agreement.

[8] For the purposes of s.226(4), there is no "proposed enterprise agreement" and none of the matters in that subsection are relevant to the application before me.

[9] I do not consider there to be any other relevant matters.

[10] I am satisfied that it is appropriate in all the circumstances to approve the termination of the Agreement.

[11] Accordingly, the Agreement is now terminated. The termination will operate from 16 February 2026.

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