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

[2022] FWCA 3458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3957)

UMS Queensland Field Employee Enterprise Agreement 2022

Gardening services
COMMISSIONER MIRABELLA	MELBOURNE, 7 OCTOBER 2022

Application for approval of the UMS Queensland Field Employee Enterprise Agreement 2022.

Urban Maintenance Systems Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the UMS Queensland Field Employee Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 50.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 7 October 2022 and, in accordance with s.54, will operate from 14 October 2022. The nominal expiry date of the Agreement is 31 August 2026.

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 Pty Ltd, was the subject of an application for approval of the UMS Queensland Field Employee Enterprise Agreement 2022, which was heard in the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement provided fair and effective means of dispute resolution and whether it was made in good faith.

The central legal issue before the Commission was whether the enterprise agreement contained adequate provisions for dispute resolution and whether it was genuinely negotiated between the employer and the employees' representatives. Specifically, the Commission needed to assess if the dispute resolution process outlined in the agreement was fair and effective, and if the agreement was the product of genuine negotiation. The employer argued that the agreement was comprehensive and had been negotiated in good faith, while the employees' representatives contended that certain aspects of the dispute resolution process were inadequate.

The Fair Work Commission found that the enterprise agreement provided fair and effective means for resolving disputes and was made in good faith. The Commission noted that the dispute resolution process included a two-step procedure, involving initial internal resolution followed by external mediation and, if necessary, arbitration. The Commission was satisfied that the process was fair and effective, as it allowed for timely and efficient resolution of disputes. Furthermore, the Commission was convinced that the agreement had been genuinely negotiated, as evidenced by the extensive consultation and negotiation process between the parties. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the UMS Queensland Field Employee Enterprise Agreement 2022, affirming that it met the requirements under the Fair Work Act 2009. The Commission found that the agreement provided fair and effective means for resolving disputes and was genuinely negotiated. The approval of the agreement allows it to be registered with the Registrar of the Fair Work Commission and become legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established