DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DTZ FM Services Pty Ltd T/A Cushman & Wakefield
(AG2017/5696)

CUSHMAN & WAKEFIELD - ROYAL WOMEN’S HOSPITAL (MAINTENANCE) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2018

Application for approval of the Cushman & Wakefield - Royal Women’s Hospital (Maintenance) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cushman & Wakefield - Royal Women’s Hospital (Maintenance) Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 17 January 2018 and, in accordance with s.54, will operate from 24 January 2018. The nominal expiry date of the Agreement is 29 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved DTZ FM Services Pty Ltd, trading as Cushman & Wakefield, and its application for approval of the Cushman & Wakefield – Royal Women’s Hospital (Maintenance) Enterprise Agreement 2017. The application was contested by the union, which raised concerns about the agreement’s terms and conditions. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it facilitated, encouraged or assisted the improvement of workplace relations.

The central legal issues before the Commission were whether the agreement was genuinely bargained, if it contained the necessary minimum terms and conditions, and if it promoted improved workplace relations. The union argued that certain provisions within the agreement were not fairly negotiated and did not adequately cover minimum terms and conditions. Additionally, the union claimed that the agreement did not sufficiently facilitate, encourage or assist the improvement of workplace relations, as required by section 235 of the Fair Work Act.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and whether the agreement met the statutory criteria. The Commission found that the agreement was genuinely bargained as there was evidence of a proper negotiation process. The Commission also found that the agreement contained all the necessary minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement facilitated, encouraged or assisted the improvement of workplace relations by providing a clear framework for managing workplace issues. Consequently, the Commission approved the application for the agreement.

In conclusion, the Fair Work Commission approved the Cushman & Wakefield – Royal Women’s Hospital (Maintenance) Enterprise Agreement 2017, finding that it met the statutory requirements under the Fair Work Act. The Commission’s decision was based on the evidence of a genuine bargaining process, the inclusion of all minimum terms and conditions, and the promotion of improved workplace relations. The agreement is now recognised as a legally binding enterprise agreement.

DTZ 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