Service Stream Maintenance Pty Ltd

[2022] FWCA 3378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2022/3991)

AMWU & Service Stream – Metal Engineering On-Site Construction Agreement 2022 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the AMWU & Service Stream – Metal Engineering On-Site Construction Agreement 2022 – 2023.

An application has been made for approval of a greenfields agreement known as the AMWU & Service Stream – Metal Engineering On-Site Construction Agreement 2022 - 2023 (the Agreement). The application was made by Service Stream Maintenance Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

The Agreement was approved on 30 September 2022 and, in accordance with s.54, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) covering its employees within the metal engineering sector engaged in on-site construction. The primary objective of the application was to ensure that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements.

The legal issues before the Fair Work Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it facilitated a harmonious workplace, and whether it met the statutory requirements set forth in the Fair Work Act. Additionally, the Commission had to consider the balance between the interests of the employer and the employees, ensuring that the agreement did not unfairly disadvantage either party. The Commission also needed to assess the process by which the agreement was negotiated and whether it was done in good faith.

In making its decision, the Fair Work Commission examined the proposed agreement in detail, considering the terms and conditions for employees, the dispute resolution mechanisms, and the overall fairness of the agreement. The Commission noted that the agreement had been negotiated in good faith and that it provided for reasonable terms and conditions that were beneficial to both parties. Furthermore, the Commission was satisfied that the agreement did not contain any provisions that would undermine the rights of employees or create an unfair imbalance in the employer-employee relationship. Based on these considerations, the Fair Work Commission approved the AMWU & Service Stream – Metal Engineering On-Site Construction Agreement 2022 – 2023, finding that it met the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission ordered the approval of the AMWU & Service Stream – Metal Engineering On-Site Construction Agreement 2022 – 2023, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period, providing a framework for fair and reasonable workplace practices. The decision underscored the importance of maintaining a balanced and harmonious relationship between employers and employees, ensuring that both parties' interests are adequately represented in the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established