DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DTZ FM Services Pty Ltd T/A Cushman & Wakefield
(AG2016/451)

CUSHMAN & WAKEFIELD FACILITY SERVICES (VIC) ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2016

Application for approval of the Cushman & Wakefield Facility Services (Vic) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cushman & Wakefield Facility Services (Vic) Enterprise Agreement 2016-2020 (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. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 29 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, DTZ FM Services Pty Ltd trading as Cushman & Wakefield, sought approval for the Cushman & Wakefield Facility Services (Vic) Enterprise Agreement 2016-2020. The application was made to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was the procedural fairness of the agreement, specifically whether the applicant had adequately consulted with employees before the agreement was formed.

The central legal issues before the court were whether the applicant had met its obligations to genuinely consult with its employees and whether the agreement was consistent with the principles of procedural fairness. The applicant argued that it had fulfilled its consultation obligations by providing employees with information about the proposed changes and seeking their feedback. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contended that the consultation process was inadequate and that the agreement did not reflect the employees' views.

The Commission examined the evidence presented regarding the consultation process. It found that while the applicant had made efforts to inform employees about the proposed changes, the process did not meet the standard of genuine consultation required by the Fair Work Act. The Commission highlighted that the applicant had not adequately provided employees with an opportunity to contribute to the decision-making process and that the agreement did not reflect the employees' views. Consequently, the Commission determined that the application for approval of the enterprise agreement was not met.

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