Application for termination of the UGL Engineering Pty Limited Power Transmission Agreement 2019

[1] On 25 November 2025, UGL Engineering Pty Limited (UGL) filed an application (Application) pursuant to section 225 of Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Commission (FWC) to terminate the UGL Engineering Pty Limited Power Transmission Agreement 2019 (AG2019/1501) [AE503871] (Agreement).

[2] The Application was accompanied by a Form F24C Declaration in relation to termination of an enterprise agreement after the nominal expiry date completed by Ms Lauren Jeffers, the Senior IR Advisor (Declaration).

[3] The Agreement is a single enterprise agreement made pursuant to section 185 of the FW Act and was approved by Commissioner Johns on 12 June 2019 and commenced operation on 19 June 2019. The Agreement has a nominal expiry date 11 June 2022.

[4] The parties to the Agreement are SRG and employees of SRG that are engaged in the classifications covered by the Agreement (Employees).

[5] There is no employee organisation covered by the Agreement.

[6] Directions were issued on 15 December 2025 (Directions). Pursuant to the Directions, UGL was required to serve:

1. The Application and any accompanying documents.

2. The Directions.

3. The materials filed by UGL in accordance with the Directions

on each employee organisation which ordinarily represented the interests of the Employees covered by the Agreement. The Directions required such organisations to provide their views on the Application to Chambers by 12 January 2026.

[7] Chambers did not receive any correspondence from any employee organisation by 12 January 2026 or since.

[8] Pursuant to the Directions, UGL filed submissions in support of the application and a witness statement from Ms Emma Kirkby (Ms Kirby).

[9] Sections 225 and 226 of the FW Act as amended by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) provide that:

"225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(c) an employee organisation covered by the agreement.

226 Terminating an enterprise agreement after its nominal expiry date

(1) If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

• (a) the FWC is satisfied that the continued operation of the agreement would be unfair for the employees covered by the agreement; or

• (b) the FWC is satisfied that the agreement does not, and is not likely to, cover any employees; or

• (c) all of the following apply:

  • (i) the FWC is satisfied that the continued operation of the enterprise agreement would pose a significant threat to the viability of a business carried on by the employer, or employers, covered by the agreement;

  • (ii) the FWC is satisfied that the termination of the enterprise agreement would be likely to reduce the potential of terminations of employment covered by subsection (2) for the employees covered by the agreement;

  • (iii) if the agreement contains terms providing entitlements relating to the termination of employees' employment - each employer covered by the agreement has given the FWC a guarantee of termination entitlements in relation to the termination of the agreement.

(1A) However, the FWC must terminate the enterprise agreement under subsection (1) only if the FWC is satisfied that it is appropriate in all the circumstances to do so.

(2) This subsection covers a termination of the employment of an employee:

• (a) at the employer's initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

• (b) because of the insolvency or bankruptcy of the employer.

(3) In deciding whether to terminate the agreement, the FWC must consider the views of the following covered by the agreement:

• (a) the employees (unless there are no employees covered by the agreement);

(b) each employer;

(c) each employee organisation (if any).

Note: The President may be required to direct a Full Bench to perform a function or exercise a power in relation to the matter if any of the employers, employees, or employee organisations, covered by the agreement oppose the termination (see subsection 615A(3)).

(4) In deciding whether to terminate the agreement (the existing agreement), the FWC must have regard to:

• (a) whether the application was made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement; and

• (b) whether bargaining for the proposed enterprise agreement is occurring; and

• (c) whether the termination of the existing agreement would adversely affect the bargaining position of the employees that will be covered by the proposed enterprise agreement.

(5) In deciding whether to terminate the agreement, the FWC may also have regard to any other relevant matter."

[10] The Application is made by UGL in its capacity as an employer covered by the Agreement. UGL have standing to make the Application.

[11] UGL submit that the Agreement has been replaced by five other agreements and has now ceased to apply to any employees by virtue of s58(e) of the FW Act in all states and territories except Tasmania where no replacement agreement has been made. Ms Kirby's evidence is that UGL does not intend to employ anyone under the Agreement as its terms are no longer market appropriate.

[12] Based on the witness statement of Ms Kirkby and the submissions filed by UGL, I am satisfied that the Agreement does not and is not likely to cover any employees and that the process for bargaining for a replacement agreement is complete.

[13] UGL support the termination. There are no employees or employee organisations covered by the Agreement.

[14] I am satisfied that none of the criteria in s 226(4) apply and that there are no other relevant matters to take into account in deciding whether to terminate the Agreement (s 226(5)).

[15] I am satisfied that it is appropriate in all the circumstances to terminate the Agreement.

[16] The termination will operate from the date of this decision. An order to this effect will be issued with this decision.[1]

[1] PR795625.

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