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

[1] 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.

[2] The Agreement is a single enterprise agreement.

[3] 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

[4] 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.

[5] 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.

[6] 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.

[7] 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.

[8] 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.

[9] 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.

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

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

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