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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DTZ FM Services Pty Ltd, trading as Cushman & Wakefield, applied to the Fair Work Commission for the approval of the Cushman & Wakefield - Royal Women’s Hospital (Maintenance) Enterprise Agreement 2020. The agreement was contested by the National Tertiary Education Industry Union (NTEU), which represented the employees involved. The dispute centred on the terms and conditions outlined in the proposed agreement, with the NTEU objecting to specific provisions related to employment conditions, wage rates, and procedural matters.

The legal issues before the Commission included whether the provisions of the agreement met the requirements for approval under the Fair Work Act 2009, particularly in terms of ensuring the agreement provided for fair and efficient terms and conditions. The Commission also needed to consider whether the agreement met the criteria of being in the ‘best interests of the employees’, and if it complied with the ‘better off overall test’ in relation to the existing terms and conditions of employment.

The Fair Work Commission examined the agreement in detail, focusing on the provisions that the NTEU had objected to. The Commission assessed whether the proposed changes would result in employees being ‘better off overall’ and whether the agreement facilitated efficient, productive, and flexible workplace relations. After thorough deliberation, the Commission found that the agreement did indeed meet the statutory requirements and was in the best interests of the employees. The Commission approved the agreement, noting that the provisions would lead to improved terms and conditions for the employees involved.

As a result of the Commission’s decision, the Cushman & Wakefield - Royal Women’s Hospital (Maintenance) Enterprise Agreement 2020 was approved and registered. This ruling ensured that the terms and conditions set out in the agreement would apply to the relevant employees, providing a legally binding framework for their employment relationship.

DTZ FM Services Pty Ltd T/A Cushman & Wakefield

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established