Service Stream Maintenance Pty Ltd

[2024] FWCA 2809

[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

1. 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).

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

1. 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.

1. 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.

1. 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.

1. 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.

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

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

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

COMMISSIONER

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