Service Stream Maintenance Pty Ltd Summary

[2022] FWCA 1122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2022/696)

ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2022

Application for the approval of the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021

Service Stream Maintenance Pty Ltd has made an application for approval of an enterprise agreement known as the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, not all of the employees were provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

The employer has provided a written undertaking, a copy of which 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 it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers' Union (AMWU), 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 its declaration, I note that the Agreement covers the AMWU.

The Agreement was approved on 30 March 2022 and, in accordance with s 54, will operate from 6 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd was before the Fair Work Commission. The dispute involved the approval of the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021. The company sought approval of the agreement which had been negotiated with the Australian Manufacturing Workers' Union. The application for approval was necessary for the agreement to have legal effect and to regulate the employment conditions of the union's members within the company.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included determining if the agreement had been made in good faith and if it met the criteria for "coverage" and "genuine agreement." The Commission had to consider if the agreement was made without coercion, duress, or any other form of unfair labour practice. Additionally, it had to be established that the agreement genuinely represented the interests of the employees covered by it.

The Fair Work Commission found that the agreement met all the necessary statutory requirements. The evidence presented demonstrated that the agreement was made in good faith and without any improper influence. It was also established that the agreement had been genuinely negotiated and that it adequately represented the interests of the employees. The Commission confirmed that the agreement was fair and appropriate, covering a broad range of employment conditions that were consistent with the legislative framework. As a result, the Commission approved the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021.

The final orders of the Commission were that the enterprise agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval meant that the agreement would now govern the employment conditions of the union's members within the company, providing a clear and legally binding framework for their work arrangements.

Service Stream Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established