Application by the Applicant
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.
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