Application by The Racking Company Pty Ltd
Citation: [2026] FWCA 1898
What happened
The Racking Company Pty Ltd applied to terminate The Racking Company Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which expired on June 30, 2018. The company stated it had no employees covered by the agreement and has relocated its business from Victoria to Queensland. The CFMEU confirmed they did not oppose the application and would not be heard.
What was decided
The Fair Work Commission approved the termination of the enterprise agreement. It found the Applicant had standing to apply because the agreement expired, and the company had no employees covered by it. The CFMEU didn't object. The agreement will terminate from July 20, 2026.
What it means for employers
Employers should be aware of expiry dates for enterprise agreements. If an agreement has expired and is no longer relevant to the business, they can apply for termination. Relocating a business may also be a factor in seeking termination.
What it means for employees
Employees previously covered by this agreement will need to understand how their terms and conditions of employment are now determined, likely through a modern award or other arrangements.
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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 →