Service Stream Maintenance Pty Ltd
[2022] FWCA 1738
•27 MAY 2022
| [2022] FWCA 1738 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Service Stream Maintenance Pty Ltd
(AG2022/1438)
ServiceStream Victorian Transport Infrastructure Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 27 MAY 2022 |
Application for approval of the ServiceStream Victorian Transport Infrastructure Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the ServiceStream Victorian Transport Infrastructure Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Service Stream Maintenance Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 6.5.3(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the Employer’s provided undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU), 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) I note that the Agreement covers the organisation.
The Agreement was approved on 27 May 2022 and, in accordance with s.54, will operate from 3 June 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
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