Application by the Applicant
Citation: [2026] FWC 3298
What happened
In February 2026, the Applicant, an employee covered by the Sunnyside House Inc, Nurses and HASA Staff Enterprise Agreement 2009-2012, applied to terminate the agreement. He filed an incomplete application form (Form F24B) and an initial statutory declaration (Form F24C) that contained inconsistent information. The Fair Work Commission identified several issues, including missing details about employee organisations and failure to serve the application on relevant parties. the Applicant was asked to provide amended forms, but did not respond to the Commission's correspondence.
What was decided
The Fair Work Commission Deputy President Bell dismissed the Applicant’s application to terminate the enterprise agreement. The Commission found the application was not made in accordance with the Fair Work Act 2009. the Applicant was given an opportunity to rectify the deficiencies in his application, but failed to do so. The Commission has discretion to dismiss applications not made correctly, and exercised that discretion under section 587(1)(a) of the Act.
What it means for employers
Employers should ensure employees understand the requirements for making applications to terminate enterprise agreements. The process involves specific forms and service requirements. Failure to comply can lead to applications being dismissed.
What it means for employees
Employees seeking to terminate an enterprise agreement must complete the application forms accurately and include all required information, particularly details of employee organisations. They must also serve the application on the employer and relevant unions. Failure to do so can result in the application being dismissed.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3298.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections