DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems
(AG2018/2797)

UMS QUEENSLAND FIELD EMPLOYEE ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER SAUNDERS	NEWCASTLE, 31 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the UMS Queensland Field Employee Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

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 for approval of the UMS Queensland Field Employee Enterprise Agreement 2018. The Fair Work Commission was required to determine whether the agreement should be approved, in accordance with the Fair Work Act 2009. The applicant sought to have the agreement registered as a single, state-based enterprise agreement, covering all field employees in Queensland. The legal issues centred on whether the agreement met the necessary criteria for approval under the Act, including whether it contained the required "better off overall test" and whether the agreement had been made in good faith and without coercion.

The Commission considered the evidence and submissions presented by the parties, including the applicant's arguments that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The Commission also considered the submissions of the Australian Council of Trade Unions, which opposed the application on the grounds that the agreement did not meet the "better off overall test" and that it had been made without adequate consultation with the employees. The Commission found that the applicant had satisfied the "better off overall test" and that the agreement had been made in good faith and without coercion. The Commission also found that the agreement contained all the required provisions and was in compliance with the Act.

The Commission approved the UMS Queensland Field Employee Enterprise Agreement 2018, subject to certain modifications to ensure compliance with the Act. The modifications included the addition of provisions relating to the calculation of penalty rates and the provision of paid parental leave. The applicant was required to lodge the modified agreement with the Commission within 28 days of the decision. The Commission's decision provides guidance on the requirements for approval of enterprise agreements under the Fair Work Act 2009, and highlights the importance of ensuring that agreements meet the "better off overall test" and are made in good faith and without coercion.

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