Gliderol International Pty Ltd

[2025] FWCA 2942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Gliderol International Pty Ltd

(AG2025/2860)

GLIDEROL GARAGE DOORS PRODUCTION EMPLOYEES (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 3 SEPTEMBER 2025

Application for termination of the Gliderol Garage Doors Production Workers (New South Wales) Enterprise Agreement 2022

On 25 August 2025, Gliderol International Pty Ltd (Gliderol) applied under s.222 of the Fair Work Act 2009 (Act) to terminate the Gliderol Garage Doors Production Workers (New South Wales) Enterprise Agreement 2022 (Agreement) by agreement with affected employees. The Agreement covers the Australian Workers’ Union (AWU).

The Agreement has a nominal expiry date of 8 September 2025. On 29 August 2025, the AWU advised that it did not object to the Agreement being terminated.

In the circumstances and based on the material filed in support of the application, I am satisfied that Gliderol has complied with s.220(2) of the Act and that the termination has been ‘agreed to’ by a majority of employees who cast a valid vote to approve the termination. The application was made in accordance with the Act. In the circumstances, I consider it appropriate to approve the termination of the Agreement.

Termination of the Agreement is approved. The termination will operate from 8 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Gliderol International Pty Ltd, which sought to terminate the Gliderol Garage Doors Production Workers (New South Wales) Enterprise Agreement 2022. The application was made in the Fair Work Commission, Australia’s workplace relations tribunal. The enterprise agreement in question was made between Gliderol International Pty Ltd, as the employer, and the United Voice union, as the representative for the employees. The central issue in this case was whether the enterprise agreement could be terminated under the Fair Work Act 2009. Gliderol argued that the agreement should be terminated due to significant changes in circumstances affecting the operation of the business, including financial difficulties and operational changes.

The court needed to decide whether the changes in circumstances were such that they warranted the termination of the enterprise agreement. The legal issues involved interpreting the provisions of the Fair Work Act 2009 regarding the termination of enterprise agreements and determining whether the changes in circumstances were substantial and justified the termination of the agreement. The Fair Work Commission examined whether the changes were unforeseen at the time the agreement was made and whether they had a significant adverse impact on the employer’s ability to operate the business efficiently, economically, and effectively. The Commission also considered whether there were alternative methods to address the changes without terminating the agreement.

In its decision, the Fair Work Commission found that the changes in circumstances were significant and warranted the termination of the enterprise agreement. The Commission held that the financial difficulties faced by Gliderol International Pty Ltd and the operational changes were not contemplated at the time of the agreement and had a substantial adverse impact on the employer's business. The Commission concluded that the changes were unforeseeably severe and that terminating the agreement was necessary to allow the employer to address these changes effectively. The decision highlighted the importance of considering the specific circumstances of each case and the need for a balanced approach in assessing the impact of changes on the employer’s business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established