austlii:cth/FWCA/2026/717
General information, not legal advice.
FWCA
2026-03-25
Original judgment source is linked above.
s.185 - Enterprise agreement
CITY FACILITIES MANAGEMENT AND CIMS NATIONAL MAINTENANCE AND SERVICE AGREEMENT 2025-2029
Application for approval of the City Facilities Management and CIMS National Maintenance and Service Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management and CIMS National Maintenance and Service Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Application was made by City Facilities Management (Aus) Pty Ltd. The Agreement is a single enterprise agreement, made by four 'related employers' (within the meaning of section 172(5A)(b) of the Act) and their respective employees.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 6.2.3 - Compassionate leave
Clause 7.2.2(b) - Withholding monies at termination
However, noting clause 1.4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2026. The nominal expiry date of the Agreement is 30 September 2029.
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