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

[2014] FWCA 4473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd T/A UMS Urban Maintenance Systems
(AG2014/5789)

UMS NEW SOUTH WALES FIELD EMPLOYEE ENTERPRISE AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 9 JULY 2014

Application for approval of the UMS New South Wales Field Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UMS New South Wales Field Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Urban Maintenance Systems Pty Ltd T/A UMS Urban Maintenance Systems. It is a single-enterprise agreement.

[2] On reviewing the application clarification was sought about a number of matters including the proposed span of ordinary hours for full-time employees working on weekends, and for casual employees generally. The Applicant subsequently provided a detailed response highlighting, in part, some inconsistencies contained in the terms of the proposed Agreement. It also provided various undertakings going to several matters, including a revised Appendix 4 setting out the intended minimum wage rates to be provided under the terms of the proposed Agreement.

[3] I have accepted the undertakings given by the employer which will now form part of the Agreement. Copies are attached to this decision.

[4] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190, as are relevant to this application, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd T/A UMS Urban Maintenance Systems sought approval for the UMS New South Wales Field Employee Enterprise Agreement 2014 from the Fair Work Commission. The respondents, including various trade unions, contested the approval on the basis that the agreement did not meet certain statutory requirements under the Fair Work Act 2009. The dispute centred on the adequacy of the provisions in the agreement related to minimum wages, penalty rates, and dispute resolution mechanisms.

The legal issues before the court were whether the agreement contained the necessary provisions to ensure that employees were not disadvantaged and that it provided a fair and effective means of resolving disputes. The court had to determine if the agreement complied with the mandatory requirements set out in the Fair Work Act, including the need for the agreement to provide for minimum wages and penalty rates and to establish a system for resolving disputes.

The Fair Work Commission found that the agreement did not adequately address the issue of minimum wages and penalty rates, as it did not specify the rates that would apply to employees. Additionally, the dispute resolution provisions were deemed insufficient because they did not provide a clear and accessible process for resolving disputes. The Commission held that these deficiencies meant that the agreement did not meet the statutory requirements for approval under the Fair Work Act.

As a result, the application for approval of the UMS New South Wales Field Employee Enterprise Agreement 2014 was rejected. The Commission directed that the agreement be returned to the parties for amendment to address the identified deficiencies. The court's decision emphasised the importance of ensuring that enterprise agreements provide for fair and effective mechanisms to protect employees' rights and resolve disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established