Gliderol International Pty Ltd Trading AS Gliderol Garage Doors

[2025] FWCA 2579

[2025] FWCA 2579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Gliderol International Pty Ltd Trading AS Gliderol Garage Doors

(AG2025/1937)

GLIDEROL GARAGE DOOR PRODUCTION EMPLOYEES (QUEENSLAND) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 4 AUGUST 2025

Application for termination of the Gliderol Garage Door Production Employees (Queensland) Enterprise Agreement 2022

1. On 20 June 2025, Gliderol International Pty Ltd Trading as Gliderol Garage Doors (Gliderol) made an application for the termination of the Gliderol Garage Door Production Employees (Queensland) Enterprise Agreement 2022 (the Agreement), pursuant to s.222 of the Fair Work Act 2009 (the Act).

1. Under clause 1.3.1, the Agreement commenced seven (7) days after the date it was approved. The Agreement was approved on 13 July 2022. The Agreement therefore commenced operation on 20 July 2022. Under clause 1.3.2, the Agreement has a nominal expiry date “four (4) years from the date of the Agreement's approval”. As the Agreement was approved on 13 July 2022, the nominal expiry date is 13 July 2026.

1. Section 222 of the Act provides:

“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.”

1. Section 223 of the Act provides:

“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.”

1. The Applicant filed a Form F24 application together with a Form F24A Statutory Declaration of Ms Jayne Dalton, HR Business Partner.

1. The Form F24 and annexures note that a vote of employees was conducted between 10:00am and 2:30pm on Tuesday, 10 June 2025. The vote was conducted anonymously via a QR code in the lunchroom which the employees scanned. The voting results from the employer noted that 14 employees voted on 10 June 2025 in favour of terminating the Agreement. One employee was absent on 10 June 2025 and voted the day prior, also in favour of terminating the Agreement. One employee did not vote. Out of a total of 16 employees, 15 voted in favour of terminating the Agreement.

1. I am satisfied that the Applicant is covered by the Agreement, and that the application was made within 14 days of the termination being agreed to. I am satisfied that the application was accompanied by the requisite relevant Form F24A statutory declaration.

(a)Whether the employees were given notice of the vote and a reasonable opportunity to decide.

1. I am satisfied that the employee took all reasonable steps to notify employees of the time and place of the vote and of the voting method to be used. On 2 June 2025, Ms Dalton emailed employees a letter noting that the Applicant was seeking consent to terminate the Agreement. The letter notes that the vote will be conducted electronically via QR code and that it will be conducted between 10:00am and 2:30pm on 10 June 2025. On 5 June 2025, Ms Dalton emailed employees a link to the voting page and asked employees to reply with a thumbs up confirming they had received the email.

1. I am satisfied that employees were given a reasonable opportunity to decide. The vote was conducted over four and a half hours, and employees were given an opportunity to vote early if they were not available on 10 June 2025.

(b)Whether the termination was agreed to in accordance with s.221 of the Act

1. The Agreement is a single enterprise agreement. Therefore, the termination is agreed to under s.221(1) of the Act when a majority of employees who cast a valid vote approve the termination. 15 out of 16 employees covered by the Agreement voted in favour of terminating the agreement. I am satisfied that the termination was agreed to for the purposes of s.221 of the Act.

(c)The FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination

1. I sought further information from the Applicant regarding this ground. I note that the letters sent to employees on 2 June 2025 state:

A key driver for this proposed change is our desire to provide greater financial support to our lowest-paid production employees. The limitations of the Agreement prevent us from making timely and meaningful adjustments to pay structures that would better reflect both current market conditions and the rising cost of living.

1. The letters further state that if the termination is approved, the employees would be covered by the National Employment Standards, the Manufacturing and Associated Industries and Occupations Award 2020, as well as a new standardised employment contract to be issued to each employee.

1. The letter to each employee notes that their hourly pay rate would be increased. The increase would be as follows:[1]

Classification	Current Rate of Pay	Proposed New Rate
C12	$26.40	$31.22
C11	$27.22	$33.64
C10	$29.08	$35.32

1. On 26 June 2025, I sought further information from the Applicant. I sought clarification for why the statement was made that terminating the agreement would provide employees with higher rates, noting that the Agreement sets a minimum rate, not a maximum rate. I requested further information including a copy of the proposed employment contract.

1. Ms Dalton stated that the Applicant’s business has been acquired by another entity and maintaining a separate enterprise agreement for those employees had become administratively difficult.

1. More beneficial terms of the Agreement, including, for example, the annual leave loading rate, are preserved in the employment contract.

1. One condition which is less beneficial under the employment contract than under the agreement is the redundancy benefit at clause 7.2.3 which applies where the employee’s continuous service is greater than 12 years. However, Ms Dalton noted that she specifically discussed this matter with employees during a site meeting on 2 June 2025 and explained to the employees that the Applicant does not intend or foresee making any employees redundant as there is currently a shortage of manufacturing employees.

1. Having reviewed the further information provided by the employer, I am satisfied that there are no reasonable grounds for believing that the employees have not agreed to the termination.

(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.

1. The Agreement does not cover any employee organisations.

Conclusion

1. Based on the material before the Commission, I am satisfied that the requirements of ss.222 and 223 of the Act have been met. Therefore, I must terminate the Agreement.

1. In accordance with s.224 of the Act, the termination operates from the day specified in the decision to approve the termination. The termination of the Agreement will operate on and from 4 August 2025.

1. I Order accordingly.

DEPUTY PRESIDENT

[1] Statement of Jayne Dalton dated 10 July 2025

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