Urban Maintenance Systems Pty Ltd Summary

[2023] FWCA 1503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd

(AG2023/1422)

UMS NEW SOUTH WALES FIELD EMPLOYEE ENTERPRISE AGREEMENT 2023

Gardening services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MAY 2023

Application for approval of the UMS New South Wales Field Employee Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the UMS New South Wales Field Employee Enterprise Agreement 2023. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 1 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd applied to the Fair Work Commission for the approval of the UMS New South Wales Field Employee Enterprise Agreement 2023. The application was contested by the First Union of Australia, which argued that the proposed agreement did not adequately address the rights and entitlements of the employees covered by the agreement. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees, and whether it complied with the statutory provisions relating to the negotiation and content of enterprise agreements. The Commission considered the arguments of both parties and reviewed the proposed agreement in detail. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements for approval.

The Commission approved the UMS New South Wales Field Employee Enterprise Agreement 2023, subject to certain modifications to ensure that it met the statutory requirements for approval. The modifications included changes to the agreement to ensure that it provided for adequate protection of employees' rights and entitlements, and to ensure that it complied with the statutory provisions relating to the negotiation and content of enterprise agreements. The Commission also made orders for the agreement to be registered with the Fair Work Commission and for it to come into effect on a specified date. The First Union of Australia's application to contest the approval of the agreement was dismissed.

Urban Maintenance Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established