Service Stream Maintenance Pty Ltd

[2025] FWCA 1011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Service Stream Maintenance Pty Ltd

(AG2025/649)

SERVICE STREAM - ENERGY (INDUSTRIAL SERVICES) - NSW ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 24 MARCH 2025

Application for approval of the Service Stream - Energy (Industrial Services) - NSW Enterprise Agreement 2025

Service Stream Maintenance Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Service Stream - Energy (Industrial Services) - NSW Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 5.4 and 5.7.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 31 March 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd recently brought an application before the Fair Work Commission in relation to the approval of the Service Stream - Energy (Industrial Services) - NSW Enterprise Agreement 2025. The applicant sought approval for the proposed agreement, which aimed to regulate the terms and conditions of employment for its employees in New South Wales. The nature of the dispute centred around the fairness, equity and appropriateness of the proposed agreement as per the requirements of the Fair Work Act 2009.

The primary legal issues the court was required to address involved determining whether the agreement met the procedural and substantive requirements for approval under the Act. Procedurally, the court needed to ascertain whether the agreement was made in accordance with the prescribed processes, including proper consultation and notification. Substantively, the court had to examine whether the agreement was fair and reasonable in all its terms, particularly in relation to minimum entitlements, pay rates, and other employment conditions. Additionally, the court needed to ensure that the agreement did not discriminate against any particular group of employees.

The court began by assessing the procedural fairness of the agreement, confirming that the applicant had followed the necessary steps to consult with the employees and their representatives. The court found that the consultation process was conducted appropriately and that the employees had been adequately informed about the proposed agreement. Moving on to the substantive fairness, the court evaluated the terms of the agreement against the benchmarks set by the Fair Work Act. The court concluded that the agreement provided fair and reasonable terms for the employees, taking into consideration the industry standards, economic factors, and the overall bargaining power of both parties. The court was satisfied that the agreement did not contain any discriminatory provisions and met the requirements of the Act.

The Fair Work Commission approved the Service Stream - Energy (Industrial Services) - NSW Enterprise Agreement 2025, recognising its fairness, equity and appropriateness in accordance with the Fair Work Act 2009. The applicant's application for approval was successful, and the agreement will now govern the terms and conditions of employment for employees in New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established