Ezi-Roll Doors Australia Pty Ltd Trading AS Ezi-Roll Doors Australia

[2025] FWCA 2395

[2025] FWCA 2395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Ezi-Roll Doors Australia Pty Ltd Trading AS Ezi-Roll Doors Australia

(AG2025/1939)

EZI-ROLL DOORS AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 21 JULY 2025

Application for termination of the Ezi-Roll Doors Australia Enterprise Agreement 2018

1. An application has been made by Ezi-Roll Doors Australia Pty Ltd Trading AS Ezi-Roll Doors Australia (the Applicant) for the termination of the Ezi-Roll Doors Australia Enterprise Agreement 2018 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (Cth) (the Act).

1. The application was filed on 20 June 2025. The nominal expiry date of the Agreement was 13 October 2022.

1. Sections 222 and 223 of the Act set out the conditions which must be met for an agreement to be terminated by agreement pursuant to s.222 of the Act:

“222 Application for the FWC’s approval of a termination of an enterprise agreement

Application for approval

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period—

within such further period as the FWC allows.

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.”

Consideration

1. The Agreement is a single enterprise agreement. It was approved by the Fair Work

Commission (the Commission) on 31 July 2019. It was approved to operate from 7 August 2019 with a nominal expiry date of 13 October 2022.

1. The Agreement does not cover any employee organisations.

1. Ms Jayne Dalton, HR Business Partner, on behalf of the Applicant, filed a Form

F24A Statutory Declaration. The Statutory Declaration included information outlining the steps taken by the employer to ensure that the employees covered by the Agreement were given a reasonable opportunity to decide whether they wanted to approve the termination and steps taken to notify all employees about the vote.

1. The Statutory Declaration also indicated that 26 employees are covered by the

Agreement, and all 26 cast a valid vote and voted to approve the termination.

1. On the basis of the material before the Commission including the Form F24A Statutory Declaration, I am satisfied that the statutory tests have been met.

1. In accordance with s 224 of the Act, the termination of the Agreement will come into effect from 4 August 2025.

1. I order accordingly.

COMMISSIONER

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