Zircodata Services Pty Ltd T/A Zircodata Services Summary

[2025] FWCA 1513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Zircodata Services Pty Ltd T/A Zircodata Services

(AG2025/1248)

COMMISSIONER LEE

MELBOURNE, 7 MAY 2025

Application for termination of the ZircoDATA Services SA Enterprise Agreement 2021 – 2024

On 28 April 2025, Zircodata Services Pty Ltd T/A Zircodata Services (the Applicant) lodged an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the ZircoDATA Services SA Enterprise Agreement 2021 – 2024[1] (the Agreement).

The Agreement is a single enterprise agreement. It has a nominal expiry date of 30 April 2024. There are no employee organisations covered by this Agreement.

The relevant provisions of the Act are as follows:

“222 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.

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.

224 When termination comes into operation

If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.”

In the circumstances and based on the material contained in the Applicant’s declaration filed with the application, I am satisfied that the Applicant has complied with s.220(2) of the Act and that, having regard to the matters identified in ss.222 and 223, it is appropriate to approve the termination of the Agreement.

The termination will operate from the date of this decision. An order[2] giving effect to this decision will be issued concurrently.

COMMISSIONER

[1] AE519327.

[2] PR787077.

Printed by authority of the Commonwealth Government Printer

In the matter of Zircodata Services Pty Ltd T/A Zircodata Services, the applicant sought approval from the Fair Work Commission (FWC) to terminate the ZircoDATA Services SA Enterprise Agreement 2021 – 2024. The application was lodged under section 222 of the Fair Work Act 2009. The agreement, which has no employee organisations covered by it, is a single enterprise agreement with a nominal expiry date of 30 April 2024. The applicant filed an application for the termination of this agreement, citing reasons for the request which were not elaborated upon in the decision.

The legal issues the FWC was required to decide involved whether the applicant had complied with the procedural requirements of the Act, specifically s.220(2), and whether there were any other reasonable grounds to believe that employees had not agreed to the termination. Additionally, the FWC needed to consider whether it was appropriate to approve the termination in light of the views of any employee organisations involved, which in this case was none. The FWC examined the material provided by the applicant and concluded that the procedural requirements had been met and there were no other reasonable grounds to believe that employees had not agreed to the termination. It was also deemed appropriate to approve the termination, considering the absence of any employee organisations.

The FWC found that the applicant had satisfied the requirements of section 220(2) of the Act, which involves giving employees a reasonable opportunity to decide on the agreement. The FWC also determined that there were no other reasonable grounds to believe that the employees had not agreed to the termination, and that it was appropriate to approve the termination. The FWC noted that the termination would operate from the date of the decision, and an order giving effect to this decision would be issued concurrently. The applicant's application was approved, and the termination of the enterprise agreement was effective from the date of the decision.

Zircodata Services Pty Ltd T/A Zircodata Services

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