Application by Adams Jones Pty Ltd
Citation: [2026] FWCA 1648
What happened
Adams Jones Pty Ltd applied to terminate its Enterprise Agreement 2018, which covered employees in the building, metal and civil construction industries. The application followed a vote where employees approved the termination. The agreement's nominal expiry date was July 31, 2021. No unions were involved or invited to provide input. the Director of Adams Jones Pty Ltd provided a statutory declaration supporting the application.
What was decided
The Fair Work Commission approved the termination of the Adams Jones Pty Ltd Enterprise Agreement 2018. the Commissioner found that all requirements under section 223 of the Fair Work Act 2009 were met. This included employee compliance with s.220(2) and agreement to the termination via a majority vote (s.221(1)). The termination will take effect from June 26, 2026.
What it means for employers
Employers seeking to terminate enterprise agreements must ensure they comply with section 220(2) of the Fair Work Act by providing employees a reasonable opportunity to decide on termination. A formal vote is required and documented evidence like statutory declarations are necessary for Commission approval.
What it means for employees
Employees covered by an enterprise agreement should be aware of their right to participate in votes regarding termination, as these decisions can impact their working conditions. The Fair Work Commission must be satisfied employees genuinely agreed to the termination.
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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 →