Application by Programmed Facility Management Pty Ltd
Citation: [2026] FWCA 2344
What happened
Programmed Facility Management Pty Ltd applied to the Fair Work Commission to terminate the Programmed Facility Management - City West Water Agreement 2022. The agreement's nominal expiry date was November 7, 2025. The company stated the agreement no longer covers any employees and the contract and business activity it applied to have ended. The CFMEU, an employee organisation covered by the agreement, supported the termination.
What was decided
The Fair Work Commission terminated the Programmed Facility Management - City West Water Agreement 2022, effective August 27, 2026. The Commission was satisfied the agreement did not cover any employees and it was appropriate to terminate it. No proposed enterprise agreement exists, so relevant considerations under s.226(4) were not applicable. The CFMEU supported the termination.
What it means for employers
Employers should ensure enterprise agreements are reviewed and terminated when they are no longer relevant or cover employees. This avoids unnecessary administrative burdens and potential legal complications.
What it means for employees
Employees should be aware of the expiry dates of enterprise agreements and their potential impact on working conditions. Employee organisations can participate in decisions about termination.
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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