DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Maintenance Systems Pty Ltd T/A Urban Maintenance Systems
(AG2017/2875)

URBAN MAINTENANCE SYSTEMS PTY LTD AND PLUMBING UNION (VIC & NSW) ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Urban Maintenance Systems Pty Ltd and Plumbing Union (VIC & NSW) Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Urban Maintenance Systems Pty Ltd and Plumbing Union (VIC & NSW) Enterprise Agreement 2016 - 2020 (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 Applicant 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration involved Urban Maintenance Systems Pty Ltd, trading as Urban Maintenance Systems, and the Plumbing Union (VIC & NSW). The dispute centred around the approval of the Urban Maintenance Systems Pty Ltd and Plumbing Union (VIC & NSW) Enterprise Agreement 2016 - 2020. This case was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and ensuring the enforcement of workplace laws in Australia.

The legal issues before the court included whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement satisfied the "better off overall test," which requires that employees be no worse off financially and at least some employees be better off financially compared to their previous conditions. The court also needed to ensure that the agreement did not unfairly discriminate against any group of employees and complied with all other relevant provisions of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement met the requirements under the Fair Work Act. The agreement was deemed to be fair and balanced, providing better outcomes for some employees without disadvantaging others. The Commission was satisfied that the agreement was in the interests of the employees and the employer, and it approved the agreement under the relevant sections of the Act. The court confirmed that the agreement was valid and enforceable, thus resolving the dispute in favour of the parties involved.

The Commission issued an order approving the enterprise agreement, which became effective as of the date of the decision. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding on both the employer and the employees, providing a framework for their working relationship during the specified period.

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