Comdain Services Pty Ltd And Comdain Gas (Aust) Pty Ltd Trading AS Service Stream

[2025] FWCA 3512

[2025] FWCA 3512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Comdain Services Pty Ltd And Comdain Gas (Aust) Pty Ltd Trading AS Service Stream

(AG2025/3494)

SERVICE STREAM GAS INDUSTRY AGREEMENT 2025

Gas industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 OCTOBER 2025

Application for approval of the Service Stream Gas Industry Agreement 2025

1. An application has been made for approval of an enterprise agreement to be known as the Service Stream Gas Industry Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Comdain Services Pty Ltd And Comdain Gas (Aust) Pty Ltd Trading AS Service Stream (Employer). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights (NERR)

1. The F17B stated that the notification time was 17 March 2025 and that the last date the NERR was given to employees was on 27 May 2024. The Employer provided submissions that this matter constituted a typographical error as the NERR was issued to all employees on 17 March 2025.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Delegates’ Rights Term

1. The Agreement’s delegates’ rights term within clause 6.13 appears to be less favourable compared to clause 25A of the Gas Industry Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term is attached in Appendix 8 of the Agreement. For the avoidance of doubt, where a sub-clause within 6.13 of the Agreement is more favourable than the Award, the Agreement shall prevail.

Definition of a Shiftworker

1. The Agreement does not describe or define an employee as a shiftworker for the purposes of the National Employment Standards (NES), in accordance with s.187(4) and s.196 of the Act. The Employer provided an undertaking to address this issue.

Minimum Engagement

1. The Agreement does not contain any minimum engagement provisions for part-time and casual employees. The Award provides a minimum engagement entitlement for part-time and casual employees in clauses 10.2 and 11.2 respectively. The Employer provided an undertaking to address this issue.

Section 190 Undertakings

1. The Employer provided written undertakings to address the issues discussed in paragraphs [4] and [5] of this decision. A copy of these undertakings is attached in Appendix 7 of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

Coverage of Employee Organisation(s)

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division Victorian Divisional Branch (CEPU-PVIC), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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