Application by UGL Operations & Maintenance (Services) Pty Ltd
Citation: [2026] FWCA 1816
What happened
UGL Operations & Maintenance (Services) Pty Ltd applied to terminate the UGL Operations and Maintenance (Services) Pty Limited Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2023, which expired on March 31, 2025. The company stated it no longer uses or intends to use the agreement and there are currently no employees covered by it. The Australian Manufacturing Workers’ Union and Construction, Forestry, Maritime, Mining and Energy Union were parties to the agreement but did not object to the termination application.
What was decided
The Fair Work Commission has terminated the enterprise agreement. It found that the continued operation of the agreement would be unfair because no employees are covered by it. The Commission also considered that terminating the agreement wouldn't negatively impact bargaining power or have any detrimental effect. The termination is effective from December 31, 2025.
What it means for employers
Employers can seek to terminate enterprise agreements when they are no longer operational and do not cover any employees. This process requires demonstrating that the agreement’s continued operation isn't contrary to the public interest and won't negatively impact employee bargaining power.
What it means for employees
Employees should be aware that an enterprise agreement can be terminated if it is no longer in use and doesn't cover any employees. While this termination didn't have a detrimental effect, employees should understand their rights and protections under the Fair Work Act if future agreements are affected.
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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 →