SERVICE STREAM INFRASTRUCTURE SERVICES - DEFENCE - SA PROPERTY AND ASSET SERVICES - ENTERPRISE AGREEMENT 2026

Application for approval of the Service Stream Infrastructure Services - Defence - SA Property and Asset Services - Enterprise Agreement 2026

[1] An application has been made by Service Stream Infrastructure Services Pty Ltd (SSIS) for approval of an enterprise agreement known as the Service Stream Infrastructure Services - Defence - SA Property and Asset Services - Enterprise Agreement 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied the United Workers Union (UWU) is entitled to represent the industrial interests of the 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.

[3] I note the Agreement was made with the UWU and the Agreement covers that organisation under section 53(2)(b).

[4] The version of the Agreement voted up by employees contains at 'Schedule D - Apprentices' (emphasis added):

In circumstances where the Company has Apprentices in training under this Agreement either directly or indirectly via approved Apprenticeship Training Centres, then the apprentices will be engaged in accordance with the relevant laws applying in the Northern Territory for any apprentices including adult apprentices.

[5] However, clause 2.1, which concerns coverage of the Agreement, identifies "Employees of Service Stream who are performing work on any Property and Asset Services Contract in South Australia". Throughout the Agreement, there are no other references to the Northern Territory or relevant laws, however, there are other references to South Australia and relevant laws at clauses 18.1, 25 and Schedule B.

[6] Under s 218A(2)(a), the Commission may, on its own initiative, exercise its power under s 218A(1) to "vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)".

[7] The Commission sought submissions from SSIS, who confirmed the reference to the Northern Territory in Schedule D is a typographical error and provides context:

The agreement was intended to apply to operations in South Australia, as is consistently reflected throughout the agreement. The isolated reference to the Northern Territory is inconsistent with the remainder of the document and arose as an inadvertent typographical error during drafting.

The Employer has recently been awarded a defence contract with operations in both South Australia and the Northern Territory. In drafting multiple agreements associated with that contract, an unintended reference to the Northern Territory was included by oversight. When read in context, the error is self-evident and does not reflect the parties' intention.

[8] The UWU advised it "does not wish to raise any views in relation to the Applicant's submission at this time".

[9] On the material before me, I am satisfied the reference to the Northern Territory in Schedule D is an "obvious error" under s 218A(1). I therefore amend the first paragraph of Schedule D of the Agreement to read as follows:

In circumstances where the Company has Apprentices in training under this Agreement either directly or indirectly via approved Apprenticeship Training Centres, then the apprentices will be engaged in accordance with the relevant laws applying in South Australia for any apprentices including adult apprentices.

[10] The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

[11] Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[12] The Agreement is approved today 17 December 2025. It will operate from 1 January 2026. The nominal expiry date is 30 June 2027.

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