DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd
(AG2016/2270)

UMS - AWU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the UMS - AWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UMS – AWU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Urban Maintenance Systems Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 5 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd recently came before the Fair Work Commission in a matter concerning the approval of the UMS-AWU Enterprise Agreement 2015. The applicant, Urban Maintenance Systems, sought the court's endorsement of the agreement, which was entered into with the Australian Workers' Union. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009, particularly regarding its compliance with the "better off overall test" and the "independent character test."

The court had to determine if the agreement was genuinely negotiated and if it provided employees with a better overall package than the existing award. Furthermore, the court needed to assess whether the agreement had been independently formed without undue influence or coercion. The applicant argued that the agreement was fairly negotiated and beneficial for employees, while the union contended that the terms were reasonable and in line with the statutory requirements.

The Fair Work Commission, in its decision, examined the negotiation process and the terms of the agreement in detail. It found that the agreement had been fairly negotiated and that the parties had acted in good faith. The court also concluded that the agreement met the "better off overall test" as it provided employees with a more favourable deal compared to the previous award. Additionally, the court held that the agreement was independently formed, satisfying the "independent character test." Consequently, the court approved the UMS-AWU Enterprise Agreement 2015.

The court's final orders approved the UMS-AWU Enterprise Agreement 2015, which will now serve as the basis for employment conditions between Urban Maintenance Systems and the Australian Workers' Union. The agreement will be registered with the Fair Work Commission, and its terms will govern the employment relationship until a new agreement is reached or the existing one expires.

Urban Maintenance Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established