WA Blue Sky Incorporated Summary

[2025] FWC 804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

WA Blue Sky Incorporated

(AG2025/664)

WA Blue Sky Inc. Agreement 2012 (AG2012/1596)

DEPUTY PRESIDENT O'KEEFFE

PERTH, 20 MARCH 2025

Application for termination of the WA Blue Sky Inc Enterprise Agreement 2012

[1] On 12 March 2025 WA Blue Sky Inc. (the Applicant) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the WA Blue Sky Inc Agreement 2012 (the Agreement).

[2] The Applicant is an employer party to the Agreement and the application was lodged within 14 days of the termination being agreed to by the employees of the Applicant.

[3] Having examined the material submitted by the Applicant, I am satisfied that the requirements of s.220(2)(a) and (b) of the Act with respect to the voting process have been met. I am also satisfied that a majority of employees who cast a valid vote approved the termination as per s.221(1) of the Act and I have no reasonable grounds for believing that the employees have not agreed to the termination. There are no employee organisations covered by the Agreement and as such s223(d) of the Act is not relevant.

[4] The application to terminate is approved and the termination will take effect from 20 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by WA Blue Sky Inc. (the Applicant) to terminate the WA Blue Sky Inc Enterprise Agreement 2012 (the Agreement). The Applicant sought approval under section 222 of the Fair Work Act 2009 (the Act) to terminate the Agreement, which had been agreed upon by the employees within 14 days of the application being lodged. The Deputy President of the FWC, O'Keeffe, was tasked with determining whether the application met the statutory requirements for the termination of the enterprise agreement.

The primary legal issues before the FWC were whether the voting process adhered to the requirements of sections 220(2)(a) and (b) of the Act and if the termination was approved by a majority of employees who cast a valid vote as per section 221(1) of the Act. Additionally, the FWC needed to ascertain if there were any reasonable grounds to doubt the employees' agreement to the termination. Since no employee organisations were covered by the Agreement, section 223(d) of the Act was deemed irrelevant.

After examining the material submitted by the Applicant, the FWC found that the requirements for the voting process had been met. The Deputy President was satisfied that a majority of employees who cast a valid vote approved the termination, and there were no reasonable grounds to doubt the employees' agreement to the termination. Consequently, the FWC approved the application to terminate the enterprise agreement, which would take effect from 20 March 2025.

WA Blue Sky Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established