Petrofac Facilities Management Limited Summary

[2025] FWCA 3438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Petrofac Facilities Management Limited

(AG2025/3324)

AUSTRALIAN FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER LIM	PERTH, 14 OCTOBER 2025

Application for approval of the Australian Facilities Management Enterprise Agreement 2025

Petrofac Facilities Management Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Australian Facilities Management Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 14 October 2025 and, in accordance with s 54, will operate from 21 October 2025. The nominal expiry date of the Agreement is 14 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Australian Facilities Management Enterprise Agreement 2025 was brought before the Fair Work Commission. The applicant, Petrofac Facilities Management Limited, sought approval for the proposed enterprise agreement. The respondents included various trade unions representing employees within the facilities management sector. The primary dispute centred around the terms and conditions of employment, including wages, working hours, leave entitlements, and other workplace provisions, as outlined in the proposed agreement.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for 'better off overall' testing. The Commission needed to determine if the agreement provided employees with conditions that were at least as good as those they currently enjoyed, or better, in relation to wages and conditions. The parties also contested whether the agreement adhered to the provisions concerning the protection of employee rights and interests, particularly regarding any potential detriment to employees who were not members of the unions involved in negotiating the agreement.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, found that the proposed agreement met the necessary statutory requirements. The Commission determined that the agreement provided employees with conditions that were at least as good as, or better than, their existing conditions, thus satisfying the 'better off overall' test. The Commission also concluded that the agreement did not unjustifiably disadvantage non-union members and adequately protected employee rights and interests. Consequently, the Commission approved the Australian Facilities Management Enterprise Agreement 2025, subject to the conditions and provisions outlined in the agreement.

Petrofac Facilities Management Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established