Service Stream Maintenance Pty Ltd

[2024] FWCA 4376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2024/4169)

SERVICE STREAM MAINTENANCE – SOUTH AUSTRALIA WATER – FIELD SERVICES – ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT BELL	MELBOURNE, 9 DECEMBER 2024

Application for approval of the Service Stream Maintenance – South Australia Water – Field Services – Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Service Stream Maintenance – South Australia Water – Field Services – Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Service Stream Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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.

The Construction, Forestry and Maritime Employees Union (CFMEU) and United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 9 December 2024 and, in accordance with s.54 of the Act, will operate from 16 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd sought approval of the Service Stream Maintenance – South Australia Water – Field Services – Enterprise Agreement 2024. The application was heard in the Fair Work Commission, with the tribunal required to determine if the proposed agreement met the necessary standards under the Fair Work Act 2009. The primary concern was whether the agreement appropriately balanced the interests of both employees and employers, including provisions on wages, conditions of employment, and dispute resolution mechanisms.

The tribunal considered several legal issues, including whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum wage rates, penalty rates, and other employment conditions. Additionally, the tribunal assessed whether the agreement provided a safety net for employees, ensuring they were not disadvantaged compared to those covered by the relevant award. It also examined whether the agreement met the 'better off overall test', which required the tribunal to determine if employees were better off with the agreement than they would be without it.

The Fair Work Commission found that the agreement met all the necessary legal requirements. The tribunal concluded that the agreement provided fair and reasonable terms and conditions of employment, ensuring employees were not worse off than under the relevant award. The agreement included provisions for minimum wage rates, penalty rates, and other employment conditions that aligned with the statutory requirements. Furthermore, the tribunal determined that the agreement satisfied the 'better off overall test', as it offered employees terms and conditions that were at least as good as those provided by the award. The tribunal approved the agreement, stating that it adequately balanced the interests of both employees and employers.

No further orders were made beyond the approval of the agreement as it was presented. The tribunal's decision was based on the comprehensive review of the agreement's provisions and their alignment with the Fair Work Act. The approval signifies that the agreement can now be implemented, providing a framework for the employment relationship between Service Stream Maintenance Pty Ltd and its field service employees in South Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established