Steritech Pty Ltd

[2025] FWCA 2375

[2025] FWCA 2375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Steritech Pty Ltd

(AG2025/2023)

STERITECH (WETHERILL PARK) STERILIZATION PLANT OPERATORS ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 JULY 2025

Application for termination of the Steritech (Wetherill Park) Sterilization Plant Operators Enterprise Agreement 2015

1. An application has been made by Steritech Pty Ltd (the Applicant) pursuant to s.222 of the Fair Work Act 2009 (Act) to terminate the Steritech (Wetherill Park) Sterilization Plant Operators Enterprise Agreement 2015 (Agreement).

1. The Agreement is a single enterprise agreement. It has a nominal expiry date of 30 November 2018.

1. Section 222 of the Act provides as follows:

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 sets out the circumstances in the Fair Work Commission must approve a termination of an enterprise agreement. It provides:

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 accompanied by a declaration in support of the application as required by s.222(2). On the basis of the material that has been provided, I am satisfied that the termination of the Agreement has been agreed to and that the application for termination has been made by a person covered by the Agreement.  The application has been made within 14 days after the termination was agreed to.

1. The declaration provided describes the circumstances leading up to the approval of the termination. It describes consultation with employees in relation to the proposed termination commencing on 1 May 2025. An initial ballot on the proposed termination was conducted in the period 21 to 23 May 2025 and was unsuccessful. Further consultations followed and revised contracts of employment were issued to employees. Employees requested that a ballot be conducted in relation to the proposed termination in the period 16-18 June 2025. All employees covered by the Agreement voted and all voted to approve the proposed termination. I am satisfied that the employer took all reasonable steps to notify the employees of the details of the voting process and that the employees had a reasonable opportunity to decide whether they wanted to approve the proposed termination.

1. I am also satisfied that the termination was agreed to in accordance with s. 221(1), that is, the Agreement is a single enterprise agreement and a majority of the employees who cast a valid vote, voted to approve the termination. There are no other reasonable grounds for believing that the employees have not agreed to the termination.

1. The United Workers Union is an employee organisation covered by the Agreement. That union advised that they did not have any objections to the termination application and did not wish to be heard in relation to the application.

1. The requirements of ss.222 and 223 have been met and I am required to approve the application for termination of the Agreement. In accordance with s.224 of the Act, the termination will come into effect from 18 July 2025.    

DEPUTY PRESIDENT

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