Application by Programmed Facility Management Pty Ltd Trading AS Programmed Facility Managment Pty Ltd
Citation: [2026] FWCA 2324
What happened
Programmed Facility Management Pty Ltd sought to terminate the Programmed Facility Management – City West Water / AMWU Agreement 2022. The agreement, covering employees at a City West Water site, expired on June 30, 2026. Programmed stated the circumstances that led to the agreement no longer exist, and the contract and business operation it covered have ended. the Applicant, Programmed’s general manager of human resources, declared no employees are covered or likely to be covered by the agreement. The Australian Manufacturing Workers’ Union (AMWU) was invited to comment but did not.
What was decided
The Fair Work Commission has approved the termination of the Programmed Facility Management – City West Water / AMWU Agreement 2022. The Commission found the agreement does not cover any employees, satisfying a requirement for termination under section 226(1)(b) of the Fair Work Act. The AMWU did not provide a submission. The termination will be effective from September 2, 2026.
What it means for employers
Employers should be aware of the process for terminating expired enterprise agreements. This includes demonstrating that the agreement no longer covers any employees. Failure to maintain relevance can lead to termination.
What it means for employees
Employees covered by an enterprise agreement should be aware of the process for termination and the potential impact on their conditions. The absence of a union submission in this case highlights the importance of employee representation.
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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