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

Case [2018] FWCA 653
[2018] FWCA 653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

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

(AG2018/184)

DTZ CORRECTIONAL FACILITY (MAINTENANCE) ENTERPRISE AGREEMENT 2014 - 2017

Plumbing industry

COMMISSIONER MCKENNA

SYDNEY, 31 JANUARY 2018

Application for termination of the DTZ Correctional Facility (Maintenance) Enterprise Agreement 2014 - 2017.

  1. Further to the reasons given at the conclusion of proceedings today, the termination of the DTZ Correctional Facility (Maintenance) Enterprise Agreement 2014 – 2017 is approved.

  1. The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE410270  PR599977>

Details
AGLC
Cushman & Wakefield FM Services Pty Ltd T/A Cushman & Wakefield [2018] FWCA 653
Case
[2018] FWCA 653
Decision Date

CaseChat Overview and Summary

Cushman & Wakefield FM Services Pty Ltd, trading as Cushman & Wakefield, applied to the Fair Work Commission for termination of the DTZ Correctional Facility (Maintenance) Enterprise Agreement 2014 - 2017. The application was made under section 240 of the Fair Work Act 2009. The Fair Work Commission was required to consider whether the application met the criteria for termination under the Act. Specifically, the Commission needed to determine if the application was made in good faith, and if the agreement had become redundant, obsolete, or had otherwise ceased to be appropriate or effective.

The Fair Work Commission held that the application for termination was made in good faith and that the agreement had indeed become redundant. The Commission found that significant changes in the operations of the employer and the workforce necessitated the termination of the existing agreement. The changes included the transfer of employees to a new employer, which meant the agreement no longer appropriately reflected the employment conditions of the workforce. Consequently, the Commission accepted the application and terminated the agreement.

The Fair Work Commission terminated the DTZ Correctional Facility (Maintenance) Enterprise Agreement 2014 - 2017 with effect from the date of the decision. The termination was made pursuant to section 240 of the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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