Gliderol International Pty. Ltd. Trading As Gliderol Garage Doors

[2025] FWCA 3384

[2025] FWCA 3384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Gliderol International Pty. Ltd. Trading As Gliderol Garage Doors

(AG2025/3148)

GLIDEROL GARAGE DOORS PRODUCTION EMPLOYEES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 8 OCTOBER 2025

Application for termination of the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023

1. Gliderol International Pty. Ltd. Trading As Gliderol Garage Doors (the Applicant) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023 (the Agreement).

1. The agreement is a single enterprise agreement. It was approved by the Fair Work Commission (the Commission) on 4 April 2023.  It was approved to operate from 11 April 2023 with a nominal expiry date of 4 April 2026. The Agreement was made directly with employees and no industrial organisation is covered by it.

1. Section 223 of the Act sets out the conditions which must be met for an enterprise agreement to be terminated pursuant to section 222 of the Act:

“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 application was supported by a Form F24A statutory declaration completed by Rachel Elizabeth Ezzat, Human Resources Business Partner of the Applicant.

1. Rachel Ezzat declared, among other things, that on 3 September 2025 the Applicant conducted briefing sessions with all employees about the proposal to terminate the Agreement, provided an explanation on the effect of terminating the Agreement, and gave employees the opportunity to ask questions and raise concerns. This was followed up with written letters to employees. One letter included a draft employment agreement for each employee’s consideration and the second an explanation of the terms and conditions of employment and comparison of provisions under the Agreement and the Manufacturing Award. A copy of these letters were provided to the Commission.

1. Rachel Ezzat further declared that the voting method was explained and confirmed in writing to employees and the confidential ballot was conducted on 12 September 2025. There are 24 employees covered by the Agreement, 16 cast a valid vote with 15 voting in favour of the termination of the Agreement.

1. I am satisfied that the process followed meets the requirements in s.220(2) and s.223(a) of the Act. I am also satisfied that the termination was agreed to by a majority of employees in accordance with s.221(1) and s.223(b) of the Act.

1. I am satisfied that there are no other reasonable grounds for believing that the affected employees have not agreed to the termination in accordance with s.223(c) of the Act.

1. For the purpose of section 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.

1. Based on the material that is before the Commission, including Ms Ezzat’s statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met. Accordingly, I must approve the termination of the Agreement under s.222 of the Act. The termination of the Agreement is approved.

1. In accordance with s.224 of the Act, the termination of the Agreement will operate from the day of this decision, being 8 October 2025.

COMMISSIONER

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