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austlii:cth/FWCA/2025/4291
General information, not legal advice.
FWCA
2025-12-15
Original judgment source is linked above.
s.225 - Enterprise agreement
UGL OPERATIONS & MAINTENANCE PTY LTD HENDERSON WORKSHOP FACILITY ENTERPRISE AGREEMENT 2014
Application for termination of the UGL Operations & Maintenance Pty Ltd Henderson Workshop Facility Enterprise Agreement 2014
[1] UGL Operations & Maintenance Pty Ltd (UGL) has applied to terminate the UGL Operations & Maintenance Pty Ltd Henderson Workshop Facility Enterprise Agreement 2014 (the Agreement). The Agreement was approved on 29 October 2014 and nominally expired on 30 June 2017. The Agreement has passed its nominal expiry date.
[2] Section 226 of the Fair Work Act 2009 (the Act) requires the Commission to terminate an enterprise agreement if the conditions in that section are met, having regard to the mandatory considerations in section 225 of the Act. Dealing with the matters of relevance in this case:
No employees covered by the Agreement: The declaration filed in support of the application states that there are no employees within the classifications of the Agreement who are employed under its terms. Absent any evidence or advice to the contrary, I am satisfied that the Agreement does not, and is not likely to, cover any employees.
Views of persons covered: UGL supports the termination of the Agreement on the basis that "the Company no longer uses and has no intention to use this Agreement in the future". The Australian Manufacturing Workers' Union, which is covered by the Agreement, supports the termination of the Agreement.
Effect on bargaining: There is no evidence of any bargaining for an enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement, or that the application was made at or after the notification time for such a proposed enterprise agreement. In the circumstances, there is no basis upon which to conclude that termination of the Agreement would adversely affect the bargaining position of employees who will be covered by the proposed enterprise agreement.
Other relevant matters: There are no other relevant matters that have been brought to my attention.
[3] As there are no employees covered by the Agreement and the other considerations do not tell against termination, I am satisfied that termination of the Agreement is appropriate in all the circumstances. As a result, I must terminate the Agreement.
[4] The Agreement is terminated with effect from today.
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