Service Stream Maintenance Pty Ltd

[2024] FWCA 437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2023/5456)

SERVICE STREAM MAINTENANCE – NSW / ACT POWER – ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 1 FEBRUARY 2024

Application for variation of the Service Stream Maintenance - NSW / ACT Power - Enterprise Agreement 2023

An application has been made for approval of a variation to the Service Stream Maintenance - NSW / ACT Power - Enterprise Agreement 2023 (the Agreement). The application was made by Service Stream Maintenance Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings 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.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 1 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd sought to vary the Service Stream Maintenance – NSW/ACT Power – Enterprise Agreement 2023. The applicant, a company engaged in maintenance services for power infrastructure, argued that changes in the market, including the introduction of new technologies and regulatory requirements, necessitated amendments to the existing agreement to ensure its competitiveness and sustainability. The dispute was heard by the Fair Work Commission, which is tasked with resolving workplace disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified under the criteria set out in the Fair Work Act. Specifically, the Commission had to consider whether the changes were necessary to accommodate genuine changes in the business environment and whether they would ensure the enterprise's long-term viability. The Commission also needed to assess whether the proposed changes would maintain or improve the terms and conditions of employment for the affected employees.

In determining the application, the Commission examined the evidence presented by Service Stream Maintenance regarding the significant changes in the market, including the impact of technological advancements and new regulatory requirements. The Commission found that the applicant had demonstrated that the changes were necessary to adapt to these external factors and to maintain its competitiveness. The Commission also considered the impact of the proposed changes on the employees' terms and conditions of employment, concluding that the changes would not adversely affect the employees and would in fact improve their working conditions in some respects. Based on this analysis, the Commission varied the enterprise agreement as sought by the applicant, allowing for the implementation of the proposed changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established