[1] This decision concerns an application for approval of a termination of an enterprise agreement. The enterprise agreement is the TRACE Offshore Enterprise Agreement 2021 (the Agreement). The Agreement was approved by the Fair Work Commission on 15 May 2023 in [2023] FWCA 1379.

[2] The Fair Work Commission must approve the termination of the Agreement if the requirements of section 226 of the Fair Work Act 2009 (FW Act) are met.

[3] The Applicant relied upon a Form 24C - Declaration in relation to termination of an enterprise agreement after the nominal expiry date from Alishan Megerdichian dated 13 October 2025 and a witness statement of Cameron Hollingworth dated 7 October 2025. Mr Megerdichian is the Senior Legal Counsel - Employee & Industrial Relations. Mr Hollingworth is the General Manager, People and Capability (Infrastructure Services) of the Applicant's parent company.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and The Australian Workers' Union (AWU). Shortly after the application was allocated to me, my Associate sent an email to the CEPU and the AWU (which was copied to the Applicant). The email attached the material filed by the Applicant and sought the views of the CEPU and the AWU with respect to the Applicant. By way of email dated 16 October 2025, Kait Teague (Industrial Officer, CEPU) advised that the CEPU did not oppose the application. By way of email dated 21 October 2025, Jess Duan (Legal Officer, AWU) advised that the AWU did not oppose the application.

[5] In very summary terms, the witness statement of Mr Hollingworth states that the relevant project which applied to employees covered by the Agreement came to an end in or around April 2023. Following the end of that project, all employees covered by the Agreement were either redeployed internally to roles outside the coverage of the Agreement or were made redundant. Since then, the Agreement has not covered any employees, and that the Agreement will not cover any employees of the Applicant in the future. Based upon the witness statement of Mr Hollingworth, I am satisfied that the Agreement does not, and is not likely to cover any employees. As such, the requirement in section 226(1)(b) of the FW Act is satisfied.

[6] I am also satisfied that it is appropriate in all the circumstances to terminate the Agreement, which reached its nominal expiry date on 27 July 2025. In reaching this conclusion, I have given significant weight to the fact that the employee organisations that are covered by the Agreement do not oppose its termination.

[7] I am satisfied that that the relevant requirements of the FW Act are satisfied and that I must terminate the Agreement. The Agreement is terminated. In accordance with section 227 of the FW Act, the termination will operate seven days from the date of this decision.

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