Service Stream Maintenance Summary

[2023] FWCA 1006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance

(AG2023/655)

SERVICE STREAM - COLIBAN WATER – MAINTENANCE – ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2023

Application for approval of the Service Stream - Coliban Water – Maintenance – Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Service Stream - Coliban Water – Maintenance – 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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2023. The nominal expiry date of the Agreement is 18 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Service Stream Maintenance sought approval for changes to the terms and conditions of employment as outlined in the Coliban Water – Maintenance Enterprise Agreement 2023. The applicant proposed amendments related to rostering, shift patterns, and the handling of annual leave. The dispute centred on whether the proposed changes were in line with the legislative framework governing enterprise agreements and whether they adequately considered the interests of employees.

The legal issues before the Commission involved determining whether the proposed changes to the rostering system, shift patterns, and annual leave policies were consistent with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the changes facilitated or hindered the core purpose of enterprise agreements, which is to ensure fair and efficient workplace practices that balance the interests of both employers and employees. Another key issue was whether the proposed changes provided for procedural fairness, ensuring employees had an opportunity to be heard and to provide input.

After reviewing the submissions and evidence presented by both parties, the Commission found that the proposed changes were in line with the statutory requirements. The changes were deemed to support the core purpose of the enterprise agreement by improving operational efficiency and fairness in workplace practices. The Commission also found that the procedures for consulting with employees were robust, and the changes were justified under the circumstances presented. Consequently, the application for approval of the changes was upheld, and the modified terms and conditions of employment were approved as part of the enterprise agreement.

Service Stream Maintenance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established