Application for approval of the Programmed Facility Management Victorian Trades Employee Enterprise Agreement 2025

[1] Programmed Facility Management Pty Ltd has applied for approval of an enterprise agreement known as the Programmed Facility Management Victorian Trades Employee Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] An employee who is covered by the Agreement and who was a bargaining representative for the Agreement raised a concern that the Agreement was not genuinely agreed for the following reasons:

• The employer did not adequately explain the terms and effect of the Agreement in relation to pay and allowances; and

• Management misled employees about the terms and effect of the Agreement.

[4] I provided the parties with the opportunity to file and serve further materials relating to the objection. No further material was received from the employee bargaining representative. The employer provided further submissions in support of approval.

[5] The above concerns related to the interaction of "over Award" payments to which employees may be entitled. The Agreement is a single enterprise agreement.

[6] In its application form, the employer informed the Commission that it held 3 meetings on site and via Teams to explain the Agreement. The employer also provided a document which was its 'explanation of terms.' That document is a table summarising each clause in the Agreement. That document, together with the Agreement itself (which was also provided to employees during the meetings and during the access period) satisfies me that the employer took all reasonable steps to explain the terms and effect of the Agreement to employees.

[7] On the material before me, I am not satisfied that the employer misled employees about the terms and effect of the Agreement. So, I am satisfied that the Agreement was genuinely agreed to.

[8] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 9 - Casual conversion

• Clause 11 - Annual leave

• Clause 14 - Compassionate leave

• Clause 16 - Public holidays

• Clause 20 - Termination of employment

• Clause 22 - Redundancy

[9] Clause 8 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[10] The Employer has provided written undertakings. 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.

[11] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[12] Clauses 32, 33 and 34 of the Agreement provide that the relevant model terms are taken to be terms of the Agreement. I append the model terms to this decision.

[13] The Agreement contains a workplace delegates' rights term at clause 51, which is substantially the same as the award clause as it was before recent variations issued by the Fair Work Commission Full Bench in AM2024/6andAM2025/28, following the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187. As a result, the Agreements delegates' rights term is less favourable than the current award term. Under s205A of the Act, Clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

[14] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 February 2026.

[15] Despite clause 5, but in accordance with s 186(5)(b), the nominal expiry date of the Agreement is 17 February 2030.

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