DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DTZ FM Services Pty Ltd T/A Cushman & Wakefield
(AG2016/3989)

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

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019 (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.

[3] The Agreement contained a minor error at Schedule 1. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2016. The nominal expiry date of the Agreement is 24 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DTZ FM Services Pty Ltd, trading as Cushman & Wakefield, applied to the Fair Work Commission for approval of the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019. The application for approval arose from a dispute between the employer and the employees, specifically concerning the terms and conditions of the proposed enterprise agreement. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement complied with the good faith bargaining provisions and the procedural fairness requirements under the Act. This involved examining whether the employer had engaged in genuine negotiations with the employee representatives and whether the agreement reflected the outcomes of those negotiations. Furthermore, the commission had to consider whether the terms of the agreement were fair and reasonable, particularly in light of the broader economic and employment context.

The Fair Work Commission concluded that the employer had engaged in genuine bargaining processes and that the agreement reflected the outcomes of those negotiations. The commission found that the agreement met the statutory requirements and was fair and reasonable, taking into account the economic conditions and the interests of both parties. As a result, the commission approved the enterprise agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009.

The final orders of the Fair Work Commission were that the Cushman & Wakefield Facility Services (NSW) Enterprise Agreement 2016-2019 was approved as a registered agreement under the Fair Work Act 2009. This approval meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement, and the employer was required to comply with its provisions.

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