PROGRAMMED FACILITY MANAGEMENT AND ETU (MELBOURNE WATER/SOUTH EAST WATER) ENTERPRISE AGREEMENT 2025 - 2029

Application for approval of the Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2025 - 2029

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2025 - 2029 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Section 205A(1) of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates. Clause 16 of the Agreement provides for workplace delegates' rights and I am satisfied it constitutes a delegates' rights term for the purposes of the Act.

[3] Section 205A(2) of the Act provides that if, when an enterprise agreement is approved, the delegates' rights term is less favourable than the delegates' rights term in one or more modern Awards that cover the workplace delegates, the term in the enterprise agreement has no effect and the most favourable term of those in the modern Awards is taken to be a term of the enterprise agreement.

[4] Employees covered by the Agreement would otherwise be covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award). In Construction, Forestry and Maritime Employees Union v Australian Industry Group,[1] a Full Court of the Federal Court found that the delegates' rights term previously appearing at clause 26A of the Award no longer has effect. In these circumstances, I do not consider it can be said that the delegates' rights term provided for in the Agreement is less favourable than a term provided for in one or more relevant modern Award. I note in any event, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative in this matter, submits that "the terms of clause 16 of the proposed agreement are no less favourable than the terms of clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 when that clause was a term of the Award".

[5] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[6] The CEPU being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[7] The Agreement is approved today 15 January 2026. It will operate from 22 January 2026as required by section 54 of the Act. The nominal expiry date is 31 March 2029.

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