Programmed Facility Management Pty Ltd, Trading AS Programmed Maintenance Services Summary

[2025] FWCA 2437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Facility Management Pty Ltd, Trading AS Programmed Maintenance Services

(AG2025/2273)

PROGRAMMED FACILITY MANAGEMENT SYDNEY AIRPORT ENTERPRISE

Bargaining Agreement 2025

Building services
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the Programmed Facility Management Sydney Airport Enterprise Bargaining Agreement 2025

An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Sydney Airport Enterprise Bargaining Agreement 2025 (Agreement). The application was made by Programmed Facility Management Pty Ltd, Trading AS Programmed Maintenance Services (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 (Model Terms Determination) is taken to be a term of the Agreement

Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 (Model Terms Determination) is taken to be a term of the Agreement.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry and Maritime Employees Union and being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 4 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd, trading as Programmed Maintenance Services, sought approval of an enterprise bargaining agreement (EBA) from the Fair Work Commission. The proposed EBA, Programmed Facility Management Sydney Airport Enterprise Bargaining Agreement 2025, was intended to cover employees working at Sydney Airport. The dispute arose as the applicant sought to implement the terms of the proposed EBA, which had been negotiated with the union representing the employees. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed EBA met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it contained appropriate provisions for the protection of employees. The Commission also had to consider whether the agreement provided a fair and efficient means of determining terms and conditions of employment.

In its decision, the Commission examined the proposed EBA clause by clause, considering its alignment with statutory requirements and industry standards. The Commission found that the agreement contained provisions that were fair and reasonable, including provisions on pay rates, classification, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the proposed EBA, finding it to be a genuine enterprise agreement that provided a fair and efficient means of determining the terms and conditions of employment.

The Fair Work Commission approved the Programmed Facility Management Sydney Airport Enterprise Bargaining Agreement 2025. This decision means that the agreement will now be binding on the parties and will govern the employment conditions of the employees covered by the agreement. The approval signifies that the terms and conditions negotiated between Programmed Facility Management and the union are considered fair and reasonable, and will be implemented as per the provisions outlined in the EBA.

Programmed Facility Management Pty Ltd, Trading AS Programmed Maintenance Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established