DTZ FM Services Pty Ltd T/A Cushman & Wakefield

[2020] FWCA 1978

[2020] FWCA 1978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DTZ FM Services Pty Ltd T/A Cushman & Wakefield
(AG2020/728)

CUSHMAN & WAKEFIELD – ROYAL WOMEN’S HOSPITAL (MAINTENANCE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 APRIL 2020

Application for approval of the Cushman & Wakefield - Royal Women’s Hospital (Maintenance)Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cushman & Wakefield – Royal Women’s Hospital (Maintenance) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DTZ FM Services Pty Ltd T/A Cushman & Wakefield (Cushman & Wakefield). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Cushman & Wakefield, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] Cushman & Wakefield has provided written undertakings. A copy of the undertakings is attached in Annexure A. In providing the written undertakings to my Chambers on 16 April 2020, Cushman & Wakefield also attached an email from Mr Ian Boddy, the employee bargaining representative identified in the Form F16 – Application for approval of an enterprise agreement, which indicated he was satisfied with and had no objections to the written undertakings provided by Cushman & Wakefield. 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 therefore taken to be a term of the agreement.

[4] 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 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 16 April 2020 and, in accordance with s.54, will operate from 23 April 2020. The nominal expiry date of the Agreement is 29 March 2024.

DEPUTY PRESIDENT

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Annexure A