Service Stream Maintenance Pty Ltd

[2022] FWCA 3060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2022/3565)

ServiceStream Pty Limited and ETU Powerline Enterprise Agreement 2020-2023

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the ServiceStream Pty Limited and ETU Powerline Enterprise Agreement 2020-2023.

Service Stream Maintenance Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ServiceStream Pty Limited and ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 2 September 2022 and, in accordance with s.54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd sought approval of a proposed enterprise agreement with the Electrical Trades Union (ETU). The matter was heard by the Fair Work Commission, the industrial relations tribunal in Australia. The central dispute involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the ETU argued that the agreement did not meet the criteria for a valid enterprise agreement, including the necessity for the agreement to be in writing, to be free from prohibited content, and to comply with minimum entitlements.

The tribunal examined the terms of the proposed agreement to determine if it contained any provisions that were contrary to the provisions of the Fair Work Act. The ETU contended that certain clauses in the agreement, particularly those relating to the classification of employees, did not provide adequately for the minimum entitlements required under the Act. The tribunal also considered whether the agreement had been genuinely negotiated between the parties and whether it included appropriate mechanisms for resolving disputes.

In its decision, the tribunal found that the proposed agreement did not comply with the statutory requirements for a valid enterprise agreement. The tribunal identified several clauses that were in breach of the Fair Work Act, particularly in relation to the classification and entitlements of employees. The tribunal also noted that the agreement did not adequately provide for the resolution of disputes. As a result, the tribunal did not approve the proposed agreement. The tribunal's decision was based on the failure of the agreement to meet the necessary legal standards and requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established