Application by Programmed Industrial Maintenance Pty Ltd Trading AS Programmed Energy And Resources
Citation: [2026] FWCA 1729
What happened
Programmed Industrial Maintenance Pty Ltd, trading as Programmed Energy and Resources, sought approval for the 'Programmed Energy and Resources Fremantle (Patrick) Site Maintenance Enterprise Agreement 2026'. The agreement covers employees at a Fremantle site. Clause 7.4 ensures National Employment Standards entitlements are more beneficial than those in the agreement. the Respondent provided an undertaking under section 190 of the Fair Work Act, which is now part of the agreement. The CFMEU Maritime Union of Australia Division declared its desire for the agreement to cover it.
What was decided
The Fair Work Commission approved the Programmed Energy and Resources Fremantle (Patrick) Site Maintenance Enterprise Agreement 2026. Deputy President Butler found that all requirements under sections 186, 187, 188 and 190 of the Fair Work Act were met. The agreement covers the CFMEU. It will operate according to section 54 of the Fair Work Act and expires on January 1, 2029.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they are more beneficial than National Employment Standards entitlements. Providing a written undertaking under section 190 can facilitate approval by addressing potential concerns about employee detriment or substantial changes to the agreement.
What it means for employees
Employees covered by this agreement will receive at least the same benefits as those provided by the National Employment Standards. The CFMEU Maritime Union of Australia Division is covered by the agreement, providing representation and protections for its members.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →