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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd, trading as UMS Urban Maintenance Systems, applied for approval of the UMS Victorian Field Employee Enterprise Agreement 2014. The application was made under section 194 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary dispute was whether the agreement met the necessary criteria for approval as a new enterprise agreement under the Act.

The court was required to determine whether the agreement was genuinely bargained, free from coercion, and included the prescribed minimum terms and conditions. The applicant argued that the agreement was a fair and reasonable reflection of the negotiations between the employer and the employees. The union representing the employees contended that certain provisions of the agreement did not adequately reflect the outcomes of the bargaining process and failed to meet the statutory requirements.

The Fair Work Commission found that the agreement was genuinely bargained and did not contain any provisions that were the result of coercion. The court concluded that the agreement included all the prescribed minimum terms and conditions and was fair and reasonable. The Commission approved the agreement, noting that it provided a fair and balanced outcome for both the employer and the employees. The union's objections were dismissed, and the agreement was approved as a new enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established