Service Stream Maintenance Pty Ltd T/A Service Stream Summary

[2023] FWCA 1394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd T/A Service Stream

(AG2023/1226)

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

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MAY 2023

Application for approval of the Service Stream Maintenance – NSW / ACT Power – Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Service Stream Maintenance – NSW / ACT Power – Enterprise Agreement 2023 (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 T/A Service Stream. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 16 May 2023 and, in accordance with s.54, will operate from 23 May 2023. The nominal expiry date of the Agreement is 23 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd, trading as Service Stream, applied for approval of the Service Stream Maintenance – NSW/ACT Power – Enterprise Agreement 2023. The application was made under the Fair Work Act 2009. The Fair Work Commission heard the application, with Commissioner J. M. O'Donnell presiding. The dispute centred on whether the enterprise agreement in question complied with the requirements of the Fair Work Act and if it was fair and reasonable for the employees it covered.

The primary legal issues the Commission had to determine were whether the agreement met the statutory criteria for approval and if it was fair and reasonable in terms of its provisions and the process by which it was negotiated. The Commission considered the fairness and reasonableness of the agreement in light of the principles set out in the Act, including the relevance of the agreement to the enterprise, the balance of rights and obligations, and the process by which the agreement was negotiated.

The Commission found that the agreement met the statutory criteria for approval and was fair and reasonable. The Commission noted that the agreement was negotiated in good faith, with appropriate consultation and representation of the employees. The Commission also found that the agreement contained provisions that were fair and reasonable in terms of the balance of rights and obligations, the remuneration, and the working conditions. The Commission approved the Service Stream Maintenance – NSW/ACT Power – Enterprise Agreement 2023, subject to certain conditions.

The Commission made orders approving the agreement, with certain modifications to the original agreement, including amendments to the provisions relating to redundancies and the calculation of overtime. The Commission also made orders for the agreement to be registered and published in accordance with the Fair Work Act.

Service Stream Maintenance Pty Ltd T/A Service Stream

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established