Urban Maintenance Systems Pty Ltd

[2025] FWCA 284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Urban Maintenance Systems Pty Ltd

(AG2024/5099)

UMS GRAFFITI ENTERPRISE AGREEMENT 2024

Cleaning services
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 JANUARY 2025

Application for approval of the UMS Graffiti Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the UMS Graffiti Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Urban Maintenance Systems Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR Issue

There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 20 January 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 20 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model and/or flexibility clause

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 January 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd applied to the Fair Work Commission for approval of the UMS Graffiti Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for graffiti removal workers. The parties involved were Urban Maintenance Systems, the employer, and the union representing the employees. The union sought approval of the agreement, while Urban Maintenance Systems opposed it on certain grounds.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections relating to the approval process for enterprise agreements. The union argued that the agreement was fair and reasonable, while Urban Maintenance Systems contended that certain provisions did not meet the legal standards for approval. Specifically, Urban Maintenance Systems raised concerns about the agreement's impact on employee entitlements and the potential for increased costs.

The Fair Work Commission considered the arguments and evidence presented by both parties. It examined the terms of the agreement to determine if they were fair and reasonable, taking into account the interests of both employers and employees. After reviewing the evidence, the Commission concluded that the agreement was fair and reasonable. It found that the agreement appropriately balanced the interests of the employer and employees, and that it complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the UMS Graffiti Enterprise Agreement 2024.

The final orders of the Commission included the approval of the agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the specified period. Both parties were directed to comply with the terms of the approved agreement, and the dispute was resolved in favour of the union's application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established