Service Stream Maintenance Pty Ltd

[2024] FWCA 2809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2024/2667)

AMWU AND SERVICE STREAM NEWPORT POWER STATION AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 31 JULY 2024

Application for approval of the AMWU and Service Stream Newport Power Station Agreement 2024-2026

Service Stream Maintenance Pty Ltd has applied for approval of an enterprise agreement known as the AMWU and Service Stream Newport Power Station Agreement 2024-2026 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and that the Agreement covers this organisation under s 53(2)(b) of the Act.

In accordance with s 187(5)(a) of the Act, I am satisfied that the AMWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

I note that Clause 19.1 - Deductions may be inconsistent with the National Employment Standards (NES) and s 324 of the Act, and as a result may be unenforceable under s 326. The Agreement gives precedence to the NES at Clause 6.7, and I am satisfied that the more beneficial entitlements of the NES will prevail. I observe that Clause 6.7 would resolve this matter in relation to the NES only.

I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 August 2024.

In accordance with Clause 5, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd, a company involved in power station maintenance, was before the Fair Work Commission in an application for approval of the Australian Manufacturing Workers' Union (AMWU) and Service Stream Newport Power Station Agreement 2024-2026. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009, particularly concerning the bargaining processes and the content of the agreement.

The court was tasked with determining whether the agreement was made in good faith and whether it adhered to the procedural fairness and substantive fairness requirements set out in the Fair Work Act. Key issues included whether the parties had genuinely attempted to negotiate in good faith, whether there was adequate representation of the employees, and whether the terms of the agreement were fair and reasonable.

The court examined the evidence provided, including witness testimonies and documentation of the bargaining process. It found that the AMWU had acted appropriately in representing the employees and that both parties had engaged in genuine negotiations. The court was satisfied that the agreement was made in good faith and that the terms were fair and reasonable. Consequently, the court approved the agreement, finding it met the necessary legal standards.

In summary, the Fair Work Commission approved the AMWU and Service Stream Newport Power Station Agreement 2024-2026, finding that it was made in good faith and complied with the relevant legal requirements. This decision ensures the agreement is legally binding and enforceable for the period specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established