Application by McColl’s Operations Pty Ltd Trading AS Mccoll’s Transport
Citation: [2026] FWCA 1645
At a glance
- Employees affected
- 4
- Awards cited
- MA000157
What happened
McColl’s Operations Pty Ltd, trading as McColl’s Transport, sought approval from the Fair Work Commission to terminate its Enterprise Agreement with employees. The agreement's nominal expiry date was September 8, 2025. Four employees were covered by the agreement. An independent ballot agent confirmed all four voted to terminate it on May 14, 2026. Following termination, employees would be covered by relevant awards and retain above-award wage rates, with potential for further increases under individual contracts. Employees received notice of the application and an opportunity to express views to the Commission.
What was decided
The Fair Work Commission approved McColl’s Operations Pty Ltd's application to terminate the Enterprise Agreement. The Commissioner found that all requirements of sections 222 and 223 of the Fair Work Act were met, including employee consultation and agreement to termination via a vote. No employees expressed opposition to the termination. The agreement will be terminated from the date of the decision.
What it means for employers
the Respondent seeking to terminate enterprise agreements must ensure they provide employees with adequate opportunity to consider the proposal and vote on it. Following through with proper consultation processes is crucial for gaining approval from the Fair Work Commission.
What it means for employees
the Applicant covered by an Enterprise Agreement should be aware of their right to express views regarding termination applications. They will transition to relevant awards and retain existing wage rates, potentially receiving further increases under individual contracts.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →