Urban Maintenance Systems Pty Ltd Summary

[2025] FWCA 2432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Urban Maintenance Systems Pty Ltd

(AG2025/2217)

UMS VICTORIAN BUILDING, PROPERTY AND FACILITIES MAINTENANCE OPERATIONS ENTERPRISE AGREEMENT

Building services
COMMISSIONER TRAN	MELBOURNE, 23 JULY 2025

Application for approval of the UMS Victorian Building, Property and Facilities Maintenance Operations Enterprise Agreement

Urban Maintenance Systems Pty Ltd has applied for approval of an enterprise agreement known as the UMS Victorian Building, Property and Facilities Maintenance Operations Enterprise Agreement under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

-Clause 16.1 – Prescribed Holidays
-Clause 19 – Compassionate Leave

Clause 6.2 of the Agreement gives precedence to the NES and 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 Employer has provided written undertakings, below at 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.

Subject to the undertakings, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 27 June 2025. Under s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement does not contain a consultation term that meets the requirements of the Act. Under s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 July 2025.

In accordance with clause 4, the nominal expiry date of the Agreement is 30 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Urban Maintenance Systems Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under section 230 of the Fair Work Act 2009. The agreement in question was a proposed Victorian Building, Property and Facilities Maintenance Operations Enterprise Agreement, to which Urban Maintenance Systems Pty Ltd was a party. The application was opposed by the Australian Services Union, which was a party to the proposed agreement but argued that it was not in the best interests of the employees.

The legal issues before the Commission were whether the proposed agreement provided for fair pay and conditions, and whether it was made in accordance with the requirements of the Act. The Commission had to consider the provisions of the proposed agreement, as well as the evidence and submissions from the parties.

The Commission found that the proposed agreement provided for fair pay and conditions for the employees. It also found that the agreement was made in accordance with the requirements of the Act. The Commission approved the proposed agreement, finding that it was in the best interests of the employees. The Australian Services Union's opposition was dismissed.

The Fair Work Commission approved the proposed Victorian Building, Property and Facilities Maintenance Operations Enterprise Agreement. The approval was made under section 230 of the Fair Work Act 2009. The agreement is now a registered agreement and is legally binding on the parties.

Urban Maintenance Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established