SERVICE STREAM - COMMUNICATIONS - ENTERPRISE AGREEMENT 2025

Application for approval of the Service Stream - Communications - Enterprise Agreement 2025

[1] Service Stream Maintenance Pty Ltd Trading as CONNECTSYDNEY (the Employer) has made an application for approval of an enterprise agreement known as the Service Stream - Communications - Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 July 2025 and the Agreement was made on 22 December 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Agreement does not contain a delegates' rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[4] The NES Precedence Term as originally drafted in the Agreement at Clause 1.4.2 was ambiguously termed, in relation to whether the NES would prevail to the extent of any inconsistency. This raised a potential concern when considering whether other provisions of the Agreement might operate to detract from minimum statutory entitlements, and also raised a concern that the Agreement may not pass the 'better off overall test' (BOOT). The Employer provided an undertaking to include a clarifying sentence confirming that the NES prevails to the extent of any inconsistency. I am satisfied that the undertaking addresses this concern.

[5] The Agreement is silent on casual conversion.

[6] Clause 1.3.1 of the Agreement provides a definition of a household for the purpose of personal and carers leave that does not align with the definition provided for in the Act.

[7] Clause 5.4.8 appears to provide that in the case of termination, if employees do not give notice, the Employer may withhold from any monies owing (e.g. under this Agreement or the NES) an amount equivalent to the notice not provided. This clause does not appear to limit the source from which monies may be deducted and therefore may permit the employer to withhold monies owing to the employee under the NES.

[8] Paragraphs [5] - [7] contain clauses which may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 1.4.2 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

[9] The employer provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[10] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) - Communications Division, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the union wants the Agreement to cover it.

[11] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[12] Subject to the undertaking referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2026. The nominal expiry date of the Agreement is 16 March 2029.

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