Service Stream Maintenance Pty Ltd T/A Service Stream

[2022] FWCA 4351

[2022] FWCA 4351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd T/A Service Stream

(AG2022/4920)

Service Stream Maintenance Pty Limited - Power Stations - Victoria - Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 DECEMBER 2022

Application for approval of the Service Stream Maintenance Pty Limited – Power Stations – Victoria – Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Service Stream Maintenance Pty Limited – Power Stations – Victoria – Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Service Stream Maintenance Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 11.9(b) – Termination Notice for apprentices;

•  Clause 11.11 – Deduction/withholding of monies due to employees on termination

•  Clause 19.1 – Public Holidays in respect of any other day or part-day declared or prescribed to be observed within a State or Territory

•  Clause 19.2 – Payment for Public Holidays in respect of unauthorised absences preceding or succeeding a Public Holiday.

•  Clause 22 – Compassionate Leave

1. However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Manufacturing Workers Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CFMMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

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