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FWCFair Work Commission · 31 December 2025

Application by H. Polesy & Co Pty Limited

Citation: [2026] FWCA 1496

What happened

H. Polesy & Co Pty Limited, a commercial sales company, sought to terminate its enterprise agreement, the H Polesy & Co Pty Ltd Sales Staff Enterprise Agreement. The agreement was approved in 2015 and was due to expire in 2015. The Fair Work Commission considered the application, noting the agreement’s expiry date and the company’s reasons for seeking termination.

What was decided

The Fair Work Commission approved the application by H. Polesy & Co Pty Limited to terminate the H Polesy & Co Pty Ltd Sales Staff Enterprise Agreement. the Commissioner made the decision. The Commission noted the agreement had already expired.

What it means for employers

Employers seeking to terminate enterprise agreements should consider the agreement's expiry date. Agreements that have already expired are more likely to be terminated.

What it means for employees

Employees covered by enterprise agreements should be aware of the agreement’s expiry date and any potential changes to their terms and conditions following termination.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1496.pdf

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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 →

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