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austlii:cth/FWCA/2025/1007
General information, not legal advice.
FWCA
2025-03-20
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 20 March 2025.
The attached document wholly replaces the document previously issued with code [2025] FWC 804 to correct document referencing.
s.222 - Application for approval of a termination of an enterprise agreement
Social, community, home care and disability services
Application for termination of the W A BLUE SKY INC. ENTERPRISE AGREEMENT 2012
[1] On 12 March 2025 WA Blue Sky Inc. (the Applicant) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the WA Blue Sky Inc Agreement 2012 (the Agreement).
[2] The Applicant is an employer party to the Agreement and the application was lodged within 14 days of the termination being agreed to by the employees of the Applicant.
[3] Having examined the material submitted by the Applicant, I am satisfied that the requirements of s.220(2)(a) and (b) of the Act with respect to the voting process have been met. I am also satisfied that a majority of employees who cast a valid vote approved the termination as per s.221(1) of the Act and I have no reasonable grounds for believing that the employees have not agreed to the termination. There are no employee organisations covered by the Agreement and as such s223(d) of the Act is not relevant.
[4] The application to terminate is approved and the termination will take effect from 13 April 2025.
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