DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Cushman & Wakefield FM Services Pty Ltd T/A Cushman & Wakefield
(AG2017/5791)

CUSHMAN & WAKEFIELD FACILITY SERVICES (NSW) ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for variation of the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019 (the Agreement). The application was made by Cushman & Wakefield FM Services Pty Ltd T/A Cushman & Wakefield pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 22 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cushman & Wakefield FM Services Pty Ltd, trading as Cushman & Wakefield, was the applicant seeking a variation of the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019. The application was made in relation to the employees of the company who are covered by the agreement, and the dispute centred around the terms and conditions of employment as stipulated in the agreement.

The primary legal issue before the court was whether the proposed changes to the enterprise agreement, which the applicant sought, were fair and reasonable. This involved assessing the proposed variations against the principles of good faith bargaining, fairness, and the broader context of industrial relations. The court also had to consider the impact of the proposed changes on the employees, including any potential detriment or benefit to their working conditions and entitlements.

The court examined the evidence and submissions from both the applicant and the respondents, focusing on the nature and extent of the proposed changes. The court took into account the economic environment, the need for flexibility and efficiency in the workplace, and the balance of power between the employer and the employees. After careful consideration, the court determined that the proposed variations were fair and reasonable, taking into account the overall fairness of the changes and the context of the negotiations. The court found that the applicant had acted in good faith and that the variations would not result in significant detriment to the employees.

The final orders of the court approved the variations to the enterprise agreement as proposed by the applicant. The new terms and conditions, as outlined in the application, were accepted and will now form part of the enterprise agreement between Cushman & Wakefield FM Services Pty Ltd and the employees covered by the agreement.

Cushman & Wakefield FM Services Pty Ltd T/A Cushman & Wakefield

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established