Application by Sulzer Australia Pty Ltd
What happened
Sulzer Australia Pty Ltd applied to terminate its Maitland Workplace Agreement 2022, which was due to expire on July 1, 2025. The company is the sole employer covered by the agreement. The application was supported by a statutory declaration from the Head of HR. Employees agreed to the termination within 14 days of that agreement.
What was decided
The Fair Work Commission approved the termination of the Sulzer Australia Pty Ltd – Maitland Workplace Agreement 2022. The Commissioner found the requirements of section 223 of the Fair Work Act were met, as employees had agreed to the termination. There were no employee organisations covered by the agreement. The termination will take effect from August 3, 2026.
What it means for employers
Employers seeking to terminate enterprise agreements must ensure they follow the correct procedures outlined in the Fair Work Act, including obtaining employee agreement and lodging the application within the specified timeframe.
What it means for employees
Employees should be aware of their rights regarding enterprise agreement terminations and understand the process involved. The Commissioner considers whether employees have agreed to the termination before approving it.
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