Dtz Fm Services Pty Ltd T/A Cushman & Wakefield T/A Cushman & Wakefield Summary

[2024] FWCA 4042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dtz Fm Services Pty Ltd T/A Cushman & Wakefield T/A Cushman & Wakefield

(AG2024/4155)

CUSHMAN & WAKEFIELD – ROYAL WOMEN’S HOSPITAL (MAINTENANCE DEPARTMENT) ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER JOHNS	MELBOURNE, 20 NOVEMBER 2024

Application for approval of the Cushman & Wakefield – Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cushman & Wakefield – Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2024 (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 T/A Cushman & Wakefield. The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 29 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Dtz FM Services Pty Ltd trading as Cushman & Wakefield, sought the court's approval of the Cushman & Wakefield – Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2024. The agreement was submitted under section 234 of the Fair Work Act 2009, as it involved the terms and conditions of employment for the workers in the maintenance department of the Royal Women's Hospital. The dispute arose from the need to ensure that the proposed agreement met the legal requirements and protected the rights of the employees and employers.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, the process by which it was negotiated, and whether it provided for a fair and reasonable set of terms for the employees. The court needed to verify that the agreement was made in good faith, provided for a safety net of minimum terms and conditions, and did not discriminate against any employee or class of employees. Additionally, the court had to determine if the agreement provided for an appropriate balance between the interests of the employees and the employer.

The court considered the evidence presented by both parties, including the negotiation process and the terms of the agreement. It found that the agreement was made in good faith, covered the necessary employees, and contained terms that were fair and reasonable. The court was satisfied that the agreement provided a safety net of minimum terms and conditions and did not discriminate against any employee or class of employees. The court concluded that the agreement was appropriate, meeting the requirements of the Fair Work Act. As a result, the court approved the agreement.

The final orders of the court were that the Cushman & Wakefield – Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2024 was approved under section 234 of the Fair Work Act 2009. The agreement was deemed to have effect from the date of the approval and was to be registered with the Fair Work Commission. The court's approval ensured that the agreement would legally bind the parties involved and provide a framework for the employment terms in the maintenance department of the Royal Women's Hospital.

Dtz Fm Services Pty Ltd T/A Cushman & Wakefield T/A Cushman & Wakefield

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established