Hymix Australia Pty Ltd

[2025] FWCA 3091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Hymix Australia Pty Ltd

(AG2025/2649)

HYMIX AUSTRALIA PTY LIMITED SYDNEY CONCRETE CUSTOMER CENTRE ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 16 SEPTEMBER 2025

Application for termination of the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017

This decision concerns an application made on 15 August 2025 under s 225 of the Fair Work Act 2009 (Cth) (the Act), by Hymix Australia Pty Ltd (the Applicant) for the termination of the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017 (the Agreement).

This section allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date. The nominal expiry date of the Agreement is 31 August 2019.

Section 226, set out below, details the considerations for the Commission when dealing with an application under s 225.

226 When the FWC must terminate an enterprise agreement
If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:
(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

The Application was made by Lilianne Leonardi, the Regional Human Resource Manager – Eastern Region for the Applicant. Miss Leonardi filed a Form F24C in conjunction with the Application, declaring that there were no employees covered by the Agreement.

There are no Unions covered by the Agreement.

Consideration

I am satisfied that the termination of the Agreement is not contrary to the public interest.

The views of the employer have been taken into account and there are no employees covered by the Agreement.

Pursuant to s 227 of the Act, the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Ltd was the subject of an application for termination of the Enterprise Agreement 2017 by its employees. The dispute was brought before the Fair Work Commission (FWC). The crux of the matter was whether the conditions stipulated in section 235 of the Fair Work Act 2009 for terminating an enterprise agreement were satisfied. The applicants argued that the agreement should be terminated due to significant changes in the business environment and the unsustainability of the existing terms.

The legal issues at the forefront were whether the changes in the business environment were so substantial that they rendered the existing agreement ineffective and whether the bargaining process leading to the agreement was fair and in good faith. The Commission needed to determine if the agreement could be terminated without the need for a new enterprise agreement to be negotiated. This involved a detailed analysis of the changes in the business conditions and the process through which the agreement was initially negotiated.

The FWC evaluated the evidence and submissions from both parties, focusing on the substantial change in the business environment and the nature of the bargaining process. It concluded that while there had been significant changes in the business environment, these changes did not render the existing agreement ineffective in a way that justified termination. Furthermore, the bargaining process was found to be conducted in good faith. As a result, the application for termination was dismissed. The Commission found that the existing agreement remained valid and enforceable, and no new agreement needed to be negotiated at that time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established