Application by UGL Operations & Maintenance (Services) Pty Ltd
Citation: [2026] FWCA 1817
What happened
UGL Operations & Maintenance (Services) Pty Ltd applied to terminate the UGL Operations and Maintenance (Services) Pty Limited CFMEU and AMWU Yallourn Power Station and Open Cut Mine 2023 enterprise agreement, which expired on January 31, 2024. The company stated it no longer uses or intends to use the agreement and there are currently no employees covered by it. Both the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who were parties to the agreement, did not object to the application.
What was decided
The Fair Work Commission has terminated the enterprise agreement. The Commission found that the continued operation of the agreement would be unfair because it does not cover any employees. It also noted there was no bargaining for a new agreement and termination would not adversely affect bargaining power. The agreement will cease to operate from December 31, 2025.
What it means for employers
Employers should ensure that enterprise agreements are regularly reviewed and updated to reflect current workforce structures. If an agreement is no longer relevant or covers no employees, a formal application for termination can be made to the Fair Work Commission.
What it means for employees
Employees covered by expired enterprise agreements may experience changes in their working conditions if the agreement is terminated. It’s important to understand your rights and entitlements under any applicable modern award or national employment standards.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1817.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →