DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems
(AG2018/7252)

UMS VICTORIAN FIELD EMPLOYEE ENTERPRISE AGREEMENT 2018

Gardening services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the UMS Victorian Field Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the UMS Victorian Field Employee Enterprise Agreement 2018 (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 T/A Urban Maintenance Systems. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd, trading as Urban Maintenance Systems, applied to the Fair Work Commission for the approval of the UMS Victorian Field Employee Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers Union, which raised objections regarding the proposed terms and conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions and whether it was consistent with the principles of the national workplace relations system.

The legal issues before the Commission centred on the fairness of specific provisions in the agreement, particularly those relating to remuneration, classification of employees, and procedural fairness. The union argued that certain clauses were not fair and reasonable, and did not adequately protect employee interests. Urban Maintenance Systems defended the agreement, asserting that it was a fair and reasonable outcome that balanced the needs of both employees and the business. The Commission had to evaluate these contentions by considering the broader context of the agreement, industry standards, and the principles of procedural fairness.

In its decision, the Fair Work Commission found that the majority of the provisions in the UMS Victorian Field Employee Enterprise Agreement 2018 were fair and reasonable. The Commission noted that the agreement contained provisions for minimum rates of pay, overtime, penalty rates, and other terms that were consistent with industry standards and the broader workplace relations framework. However, the Commission did identify certain provisions that did not meet the threshold of fairness and reasonableness, particularly those relating to procedural fairness. The Commission made orders to amend these provisions to ensure they complied with the principles of procedural fairness as required by the Fair Work Act. These amendments included clarifying the process for resolving disputes and ensuring employees had adequate access to information and representation.

The Commission ultimately approved the agreement with the aforementioned amendments, recognising the need to balance the interests of both the employer and employees while ensuring compliance with the national workplace relations system.

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established