Workwear Group Trading AS Workwear Group Pty Ltd
[2025] FWCA 2501
•22 JULY 2025
[2025] FWCA 2501
The attached document wholly replaces the document previously issued with code [2025] FWC 1880 to correct document referencing.
Associate to Commissioner Connolly.
Dated 29 July 2025.
| [2025] FWCA 2501 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
Workwear Group Trading AS Workwear Group Pty Ltd
(AG2025/1846)
WELSHPOOL DISTRIBUTION SERVICES ENTERPRISE AGREEMENT 2021
| Storage services | |
| COMMISSIONER CONNOLLY | MELBOURNE, 22 JULY 2025 |
Application for termination of the Welshpool Distribution Services Enterprise Agreement 2021.
On 13 June 2025, Workwear Group Trading AS Workwear Group Pty Ltd (Workwear) made an application for the termination of the Welshpool Distribution Services Enterprise Agreement 2021 (the Agreement), an enterprise agreement with a nominal expiry date of 28 April 2026, pursuant to s.222 of the Fair Work Act 2009 (the Act).
Relevant Legislation
Sections 222 and 223 of the Act are relevant to this application and are as follows:
“222 Application for FWA 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 FWA 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 FWA considers it fair to extend that period—within such further period as FWA allows.
223 When FWA 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, FWA must approve the termination if:
(a) FWA 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) FWA 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) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) FWA 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.”
Relevant Background
The Applicant’s application was accompanied by a F24A declaration by Nikki Taylor, Senior Human Advisor, and supporting documentation. The declaration set out the following:
· The Agreement nominal expiry date is on 28 April 2026.
· Between 13 February 2025 and 10 April 2025, Workwear engaged in its first access period to terminate the Agreement. During this time, consultation took place regarding the proposed termination of the Agreement. Employees were given the opportunity to ask questions concerning the termination of the Agreement, the combination of their two Enterprise Agreements and merging process. Employee questions were answered by Workwear. Bargaining Representatives were appointed and worked with United Workers Union (UWU) regarding the merging and bargaining process.
· On 3 June 2025, the employees were provided with a ballot paper to vote on the termination of the Agreement by hand. The voting was counted by an Administrative Assistant, WA DC Manager, MA DC Manager and the Bargaining Representative. Ms Nikki Taylor was the note taker.
· The date of voting to terminate of the Agreement commenced on 3 June 2025 and concluded on 6 June 2025. The total of 6 employees covered by the Agreement voted to approve the termination of the Agreement.
Consideration – s.222 of the Act
Is the Applicant a person covered by the Agreement for the purposes of s.222(1)?
By virtue of clause 1.2 of the Agreement, being the Agreement coverage clause, I am satisfied the Applicant is covered by the Agreement and has standing to make the application.
Is the Application accompanied by any declarations that are required by the procedural rules to accompany the Application as required by s.222(2) of the Act?
The Application is accompanied by a Form 24A – declaration in support of termination of an enterprise agreement. Therefore, I am satisfied that the requirements of s.222(2) of the Act have been met.
Has the Application been made within the required timeframe per s.222(3)(a)?
Section 222(3) of the Act sets out the timeframe within which an application must be made, being 14 days after the termination is agreed to or, if the Commission determines in all the circumstances, it would be fair to extend that period, such period as the Commission allows.
It is declared in the Form F24A that the termination was agreed to on 6 June 2025.
The application to the Commission for termination of the agreement was made on 13 June 2025 and I am satisfied the requirements of s.222(3) have been met.
Consideration – s.223 of the Act
I must approve the application if I am satisfied that the requirements set out in s.223 of the Act are met.
Section 223(a) requires me to be satisfied that each employer covered by the Agreement complied with s.220(2) in relation to the Agreement. I consider this requirement below.
Did the Applicant take all reasonable steps to notify the employees of the time and place of the vote and voting method before requesting the employees vote to approve the termination as required by s.220(2)(a) of the Act?
It is declared in the Form F24A that on 3 June 2025 all eligible staff members were provided with an individual ballot paper as previously agreed. Employees were asked to cast their individual ballot for or against the termination application. All ballot forms were returned by 6 June 2025. On 6 June 2025, all casted ballots were counted.
Having considered the material available before me, I am satisfied that before requesting employees to vote to approve the proposed termination of the Agreement, the employer took all reasonable steps to notify employees of the time, place and voting method that would be used as required by s.220(2)(a) of the Act.
Did the Applicant give the employees as reasonable opportunity to decide whether they want to approve to the proposed termination as required by s.220(2)(b) of the Act?
The Application impacts 6 employees of Applicant. It is declared in the Form F24A that all employees were informed of their option to consider approving termination of the Agreement at staff meetings between 13 February and 10 April 2025.
I have considered the material before me, and I am satisfied that in the circumstances the Applicant has given employees a reasonable opportunity to decide whether they want to approve the proposed termination.
Was the termination of the Agreement agreed in accordance with whichever of s.221(1) or (2) applies?
Section 223(b) requires me to be satisfied that the termination was agreed in accordance with whichever of s.221(1) or (2) applies. The Agreement is a single enterprise agreement and therefore s.221(1) applies.
It is declared in the Form F24A that there were 6 employees covered by the Agreement, who cast a valid vote and 6 voted to approve the termination of the Agreement.
Having considered the material before me, I am satisfied that a majority of the employees who cast a valid vote approved the termination and that the requirements of s.221(1) have been met.
Absence of other reasonable grounds for believing that the employees have not agreed to the termination – s.223(c)
On the material before me as set out above, I am satisfied that there are no other reasonable grounds for believing that employees have not agreed to the termination.
Consideration of the views of the employee organisation or employee organisations (if any) covered by the Agreement – s.223(d)
There are no employee organisations covered by the Agreement.
Conclusion
Based on the material before the Commission, I am satisfied that the requirements of ss.222 and 223 of the Act have been met.
No submissions have been filed in opposition.
I am satisfied that it is appropriate to terminate the Agreement.
Section 224 of the Act provides that if a termination of an enterprise agreement is approved under s.223, the termination operates from the day specified in the decision to approve the termination.
In accordance with s.224, the termination will come into effect from 22 July 2025.
COMMISSIONER
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