Instant Access Pty Ltd

[2025] FWC 705

[2025] FWC 705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Instant Access Pty Ltd

(AG2025/532)

INSTANT ACCESS AUSTRALIA PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 MARCH 2025

Application for termination of the Instant Access Australia Pty Ltd Newcastle Enterprise Agreement 2023

1. By an application dated 28 February 2025, Instant Access Pty Ltd (Instant Access) applied to the Fair Work Commission (Commission) to terminate the the Instant Access Australia Pty Ltd Newcastle Enterprise Agreement 2023 (Agreement) pursuant to s 222 of the Fair Work Act2009 (Cth) (Act). The nominal expiry date of the Agreement is 16 August 2026.

1. Section 223 of the Act sets out the conditions which must be met for an enterprise agreement to be terminated pursuant to s 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 statutory declaration made by Mr Geoff Hutchison, Northern New South Wales Operations Manager of the Applicant, on 28 February 2025. Mr Hutchison, amongst other things, declared that of the 12 employees covered by the Agreement, 10 cast a valid vote and 10 voted to approve the termination of the Agreement.

1. Based on the material that is before the Commission, including the statutory declaration made by Mr Hutchison on 28 February 2025, I am satisfied that the requirements of s 223 of the Act have been met.

1. Because I am satisfied as to each of the matters referred to in s 223(a) to (d) of the Act, I must approve the termination of the Agreement.

1. In accordance with s 224 of the Act, the termination of the Agreement will come into effect from midnight on Friday, 14 March 2025. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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