austlii:cth/FWCA/2026/440
General information, not legal advice.
FWCA
2026-02-19
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 PTY LTD - DEFENCE - NT PAS ESTATE UPKEEP - ENTERPRISE AGREEMENT 2026
Application for approval of the Service Stream Infrastructure Services - Defence - NT PAS Estate Upkeep - Enterprise Agreement 2026
[1] An application has been made for approval of a greenfields agreement known as the Service Stream Infrastructure Services Pty Ltd - Defence - NT PAS Estate Upkeep - Enterprise Agreement 2026 (the Agreement). The application was made by Service Stream Infrastructure Sevices Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] This is a greenfields agreement that meets the requirements of s 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.
[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is 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.
[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.
[5] Pursuant to s 201(2A) of the Act I note the Agreement covers the CEPU.
[6] The Employer has provided written undertakings, and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s 54 of the Act (notwithstanding clause 5 of the Agreement) will operate from 26 February 2026. The nominal expiry date of the Agreement is 28 May 2027.
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