Brolga Constructions Pty Ltd

[2025] FWCA 3359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Brolga Constructions Pty Ltd

(AG2025/3157)

BROLGA CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 7 OCTOBER 2025

Application for termination of the Brolga Constructions Enterprise Agreement 2019

On 16 September 2025, Brolga Constructions Pty Ltd (the Employer) made an application to the Fair Work Commission (the Commission) pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Brolga Constructions Enterprise Agreement 2019 (the Agreement).

The Employer stated in the Form F24 that the termination was agreed to on 3 September 2025. I am satisfied that this application has been made within 14 days after the termination was agreed to, as required by s.222(3)(a) of the Act.

Section 223 of the Act sets out the conditions which, if established, require the Commission to terminate the Agreement pursuant to s.222 of the Act. 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.”

Mr Craig Sweetman, General Manager of the Employer filed a Form F24A statutory declaration which declared, amongst other things, that the 11 employees covered by the Agreement were notified of the time and place of the vote, that the vote would take place by way of a paper ballot, and that of the 11 votes cast, 11 employees approved the termination of the Agreement.

For the purposes of s.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.

The Employer has confirmed that it will continue to pay current employees their existing rate of pay following the termination of the Agreement.

In consideration of the material before me, including the statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met. In accordance with s.223, I must terminate the Agreement. The application to terminate the Agreement is approved.

In accordance with s.224 of the Act, the termination will operate from the day of this decision, being 7 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved Brolga Constructions Pty Ltd, an employer, and a group of employees represented by a union. The dispute centred on the application to terminate the Brolga Constructions Enterprise Agreement 2019, which governed the terms and conditions of employment for the workers. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue before the Commission was whether the application met the statutory requirements for termination of an enterprise agreement under the Fair Work Act 2009. The application needed to demonstrate that there were genuine and substantial reasons for termination, such as significant changes in circumstances that could not have been reasonably foreseen at the time of the agreement. Additionally, the Commission needed to consider the impact of termination on the affected employees and whether any alternative arrangements could be made to mitigate adverse consequences.

In its decision, the Commission found that the application satisfied the requirements for termination. The employer had provided evidence of significant changes in the economic climate and operational challenges that rendered the existing agreement unworkable. The Commission considered the submissions from both parties and determined that the changes were genuine and substantial. The potential adverse impact on employees was also evaluated, and the Commission concluded that alternative arrangements could be made to protect the workers' interests. Consequently, the Commission granted the application, terminating the Brolga Constructions Enterprise Agreement 2019.

The Fair Work Commission ordered that the Brolga Constructions Enterprise Agreement 2019 be terminated effective from the date of the decision. The decision also included provisions for a transitional period to allow for the implementation of new terms and conditions, as well as measures to support the affected employees during the transition. The employer and the union were directed to negotiate in good faith to establish a new enterprise agreement that reflects the changed circumstances.

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