[1] Inoteq Pty Ltd ("the Applicant") has applied for the Commission to terminate the Inoteq Pty Ltd Enterprise Agreement 2021 [AE512333] ("the Agreement") on the ground that there are not any employees covered or likely to be covered the Agreement.

[2] The Applicant filed a declaration in support of the application, in which the declarant stated:

"Whilst the Inoteq Pty Ltd entity still exists, the entity itself is no longer operational, does not currently hold any employees and is not likely to do so in this capacity in the future. As Inoteq Pty Ltd do not currently have employees, WorkPac Pty Ltd, as a related entity, are seeking to terminate this Agreement."

[3] The Applicant filed an affidavit of Mr William Hamish Griffin, a Director of the Applicant and the Managing Director of its ultimate parent company, WorkPac Group Pty Ltd, confirming that the Applicant is no longer a trading entity, does not hold any ongoing operations, and does not have any employees. Mr Griffin also confirmed in his affidavit that there is no intent for the Applicant to engage any employees in the future.

[4] The Applicant, as the employer covered by the Agreement, has standing to make this application under section 225 of the Fair Work Act. The Agreement had a nominal expiry date of 20 July 2025, and this application was made on 7 August 2025. So, it was made after the nominal expiry date. The Commission is satisfied that the Agreement does not, and is not likely to, cover any employees. The employer, which is the Applicant, supports termination of the Agreement. There are no employees or employee organisations covered by the Agreement. There is no bargaining on foot for any replacement enterprise agreement. There are no other relevant matters.

[5] The Commission is satisfied that it is appropriate in all the circumstances to terminate the Agreement. Having regard to the foregoing and sections 225 and 226 of the Fair Work Act, the Commission must terminate the Agreement.

[6] The Agreement is terminated. An order giving effect to this decision is being issued separately.

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