DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems
(AG2018/7043)

UMS NEW SOUTH WALES FIELD EMPLOYEE ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER WILSON	MELBOURNE, 8 APRIL 2019

Application for approval of the UMS New South Wales Field Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the UMS New South Wales 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 15 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems was the subject of an application for the approval of the UMS New South Wales Field Employee Enterprise Agreement 2018. The Fair Work Commission was the court that dealt with the matter. The applicant, Urban Maintenance Systems, sought the approval of the enterprise agreement which was intended to govern the terms and conditions of employment for field employees in New South Wales.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it had been fairly negotiated, whether it contained the mandated minimum terms and conditions, and whether it complied with procedural fairness. Additionally, the Commission had to consider submissions from parties involved in the negotiation and the fairness of the agreement’s terms.

The Commission determined that the enterprise agreement had been fairly negotiated and contained all the mandated minimum terms and conditions. It found that the process adhered to procedural fairness, and the terms of the agreement were reasonable and fair. The Commission was satisfied that the agreement met all legal requirements for approval and did not identify any significant issues that would warrant refusal. Consequently, the application for approval of the UMS New South Wales Field Employee Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the UMS New South Wales Field Employee Enterprise Agreement 2018, recognising its compliance with all statutory requirements and its fairness in terms of negotiation and content. The agreement was thus accepted as a valid enterprise agreement governing the employment conditions for field employees in New South Wales under Urban Maintenance Systems.

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