Urban Maintenance Systems Pty Ltd T/A UMS Urban Maintenance Systems

[2014] FWCA 6692

[2014] FWCA 6692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Urban Maintenance Systems Pty Ltd T/A UMS Urban Maintenance Systems
(AG2014/8713)

UMS VICTORIAN FIELD EMPLOYEE ENTERPRISE AGREEMENT 2014

Gardening services
COMMISSIONER BULL	SYDNEY, 23 SEPTEMBER 2014

Application for approval of the UMS Victorian Field Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UMS Victorian Field Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Consultation term

[2] The Commission advised the Applicant that the consultation term found at clause 8 - Consultative Committee of the Agreement was not consistent with the terms that must be included pursuant to s.205 of the Act.

[3] On 18 September 2014, the Applicant offered an alternative consultation term by way of an undertaking. Section 190 of the Act allows the Commission to accept an undertaking from an employer when the Commission has a concern that the agreement does not meet the requirements set out in sections 186 and 187. The mandatory consultation term is not found in these sections.

[4] As the Agreement does not contain a consultation term that meets the requirements as set out at s.205 of the Act. Pursuant to s.205(2), the Model Consultation Term, as found at Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[5] The Agreement will cover field employees covered in the classifications under Appendix 3 of the Agreement in the state of Victoria. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[6] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 30 September 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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