austlii:cth/FWCA/2026/192
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
SERVICE STREAM MILLMERRAN ENTERPRISE AGREEMENT 2025
Application for approval of the Service Stream Millmerran Enterprise Agreement 2025
[1] This decision deals with an application made for approval of an enterprise agreement known as the Service Stream Millmerran Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Service Stream Maintenance Pty Ltd (the Applicant).
[2] The Agreement does not contain a delegates rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 6.5 will have no effect.
[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.
[4] In accordance with s. 187(5)(a) of the Act, I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.
[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the AMWU have lodged a Form F21 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 6 February 2026. The nominal expiry date of the Agreement is 29 January 2029.

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