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FWCFair Work Commission · 2026

Application by Melbourne Engineering Surveys Group Pty Ltd Trading AS Survey Connect

Citation: [2026] FWCA 1791

What happened

Melbourne Engineering Surveys Group Pty Ltd, trading as Survey Connect (Survey Connect), applied to terminate its enterprise agreement with the Construction Forestry Maritime Mining and Energy Union (CFMEU). The agreement, covering subcontractors marking and setting out, expired on December 31, 2023. Employees voted to approve the termination. The CFMEU did not oppose the application or request to be heard. Survey Connect stated the termination was needed for greater flexibility in recruitment and competitiveness.

What was decided

The Fair Work Commission approved the termination of the enterprise agreement between Survey Connect and the CFMEU. the Commissioner found that all requirements under section 223 of the Fair Work Act 2009 were met, including employee consultation and a valid vote in favour of termination. The CFMEU did not object to the application. The termination will take effect from July 10, 2026.

What it means for employers

Employers seeking to terminate enterprise agreements must ensure they comply with all procedural requirements under the Fair Work Act, including providing employees with a reasonable opportunity to decide and conducting a valid vote. Providing clear reasons for termination, such as increased flexibility or competitiveness, may be helpful in demonstrating appropriateness to the Commission.

What it means for employees

Employees should be aware of their rights regarding enterprise agreement terminations. Ensure employers follow proper procedures and provide sufficient information about the reasons for termination. Employee organisations can participate in the process by providing views to the Fair Work Commission.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1791.pdf

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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 →

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