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[8]
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austlii:cth/FWCA/2026/29
procedural. The Agreement was approved subject to undertakings, to operate from 19 January 2026 with nominal expiry date of 1 September 2028.
The Fair Work Commission approved an enterprise agreement for Service Stream Maintenance Pty Ltd covering electrical power work in Tasmania. The Commission had concerns about whether the agreement was better for workers than the relevant award (the BOOT test), specifically about maximum daily hours and minimum hours for casual workers. The employer provided written promises (undertakings) to fix these issues by limiting daily hours to 8 and guaranteeing casuals at least 4 hours pay per shift. The Commission also noted a clause about deducting money when workers leave might conflict with minimum standards, but was satisfied a savings clause in the agreement would ensure workers kept their better entitlements. The agreement was approved to start on 19 January 2026.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
Service Stream Maintenance Pty Ltd trading as Service Stream
SERVICE STREAM - POWER - TASMANIAN CONTRACTING ENTERPRISE AGREEMENT 2025
Application for approval of the Service Stream - Power - Tasmanian Contracting Enterprise Agreement 2025
[1] Service Stream Maintenance Pty Ltd trading as Service Stream (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Service Stream - Power - Tasmanian Contracting Enterprise Agreement 2025 (the Agreement).
[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CEPU.
[3] Clause 5.2.7 of the Agreement, which provides for the withholding and deduction of monies at termination, may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] I raised a Better Off Overall Test (BOOT) concern relating to the maximum number of ordinary hours that can be worked per day. The Employer addressed this concern by providing an undertaking that the maximum number of ordinary hours per day shall be 8 hours for employees in classifications covered by the Building and Construction General On-site Award 2020.
[5] I also raised a BOOT concern that the Agreement does not provide details of the minimum number of hours a casual employee is entitled to per engagement (noting clause 12 of the Building and Construction General On-site Award 2020 specifies a minimum of 4 hours). The Employer provided an undertaking that a casual employee is entitled to payment for a minimum of 4 hours' work per engagement.
[6] A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.
[7] Subject to the undertakings referred to above, 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.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2026. The nominal expiry date of the Agreement is 1 September 2028.
Printed by authority of the Commonwealth Government Printer
Section 185 - Application for approval of a single enterprise agreement
I, Alex Sands, Industrial Relations Manager have the authority given to me by Service Stream Maintenance Pty Ltd to give the following undertakings with respect to the Service Stream - Power - Tasmanian Contracting Enterprise Agreement 2025 ("the Agreement"):
These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
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The Agreement was approved subject to undertakings, to operate from 19 January 2026 with nominal expiry date of 1 September 2028.