austlii:cth/FWCA/2025/4347
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
Service Stream Infrastructure Services Pty Ltd Trading AS Service Stream
SERVICE STREAM INFRASTRUCTURE SERVICES - DEFENCE - NT PROPERTY AND ASSET SERVICES - ENTERPRISE AGREEMENT 2026
Application for approval of the Service Stream Infrastructure Services - Defence - NT 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 - NT 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 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.
[5] 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.
[6] The Agreement is approved today 17 December 2025. It will operate from 1 January 2026. The nominal expiry date is 1 July 2028.
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