Service Stream Utilities Pty Ltd

[2025] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Utilities Pty Ltd

(AG2025/1644)

SERVICE STREAM UTILITIES – UU – MECHANICAL, ELECTRICAL AND ANCILLARY SERVICES – ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
COMMISSIONER ALLISON	MELBOURNE, 13 JUNE 2025

Application for approval of the Service Stream Utilities – UU – Mechanical, Electrical and Ancillary Services – Enterprise Agreement 2025

Service Stream Utilities Pty Ltd has made an application, pursuant to s.185 of the Fair Work Act 2009 (Act), for approval of a greenfields agreement known as the Service Stream Utilities – UU – Mechanical, Electrical and Ancillary Services – Enterprise Agreement 2025 (the Agreement).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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.

In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the CEPU, and that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Utilities Pty Ltd recently sought approval for its Enterprise Agreement 2025 concerning mechanical, electrical, and ancillary services. The application was heard by the Fair Work Commission, which is tasked with ensuring the agreement complies with Australian workplace laws and promotes fair and equitable terms for employees.

The central legal issues revolved around whether the proposed agreement adhered to the provisions of the Fair Work Act 2009. The Commission had to scrutinise the agreement's content, ensuring it met the criteria for "satisfactory" approval. This involved verifying that the agreement did not negatively affect employees' terms and conditions of employment and provided for fair and reasonable outcomes for both employers and employees.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement contained provisions that were fair and reasonable, did not disadvantage employees, and provided for appropriate mechanisms to address disputes and changes in the workforce. Consequently, the Commission approved the agreement, recognising it as an enterprise agreement that would serve the interests of both parties effectively. The approval paves the way for the implementation of the Enterprise Agreement 2025, ensuring that it governs the employment conditions within Service Stream Utilities Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established