IFM Services Pty Ltd

[2025] FWCA 3377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IFM Services Pty Ltd

(AG2025/2946)

IFM SERVICES WEST ENTERPRISE AGREEMENT 2025

Hospitality industry
COMMISSIONER HUNT	BRISBANE, 8 OCTOBER 2025

Application for approval of the IFM Services West Enterprise Agreement 2025

IFM Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the IFM Services West Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2025. The nominal expiry date of the Agreement is 8 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the case of IFM Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the IFM Services West Enterprise Agreement 2025. The primary parties involved in the dispute were IFM Services Pty Ltd, a large-scale enterprise, and the construction, forestry, maritime, mining and energy union (CFMEU), representing the employees. The crux of the matter centred around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of the employees. The Commission was tasked with assessing the agreement's compliance with the various legislative provisions, including those relating to minimum entitlements, safety, and procedural fairness.

The legal issues that the Fair Work Commission needed to resolve included whether the proposed agreement provided for the minimum terms and conditions as outlined by the Fair Work Act, and if it was free from any provisions that would undermine the employees' rights. Additionally, the Commission had to determine if the agreement included adequate mechanisms for dispute resolution and if the process for its negotiation and approval was procedurally fair. Furthermore, the Commission examined whether the agreement contained any discriminatory provisions and if it adequately protected the employees' interests, particularly those of vulnerable employees.

After a thorough review of the application and the evidence presented by both parties, the Fair Work Commission determined that the IFM Services West Enterprise Agreement 2025 met the necessary statutory requirements. The Commission found that the agreement provided for the minimum terms and conditions and did not contain any discriminatory provisions. Additionally, the agreement included adequate mechanisms for dispute resolution and protected the employees' interests. The Commission also found that the process for the negotiation and approval of the agreement was procedurally fair. Consequently, the Commission approved the agreement, ensuring that it would govern the terms and conditions of employment for the employees of IFM Services Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established