DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DTZ FM Services Pty Ltd T/A DTZ
(AG2015/3146)

DTZ FM SERVICES PTY LTD - ROYAL WOMEN’S HOSPITAL (MAINTENANCE DEPARTMENT) ENTERPRISE AGREEMENT 2015 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JULY 2015

Application for approval of the DTZ FM Services Pty Ltd - Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the DTZ FM Services Pty Ltd - Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2015 - 2016 (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 DTZ. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

DTZ FM Services Pty Ltd, trading as DTZ, applied to the Fair Work Commission for approval of their enterprise agreement with the Royal Women’s Hospital Maintenance Department for the period 2015-2016. The agreement was contested by the United Voice union, which represented the employees. The application was heard and determined by the Fair Work Commission, the tribunal responsible for overseeing enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement met the "better off overall test" and if it contained all the mandated minimum terms and conditions. The union argued that the agreement did not adequately provide for the employees' entitlements and that it failed to meet the better off overall test.

In delivering its decision, the Commission examined the terms of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement contained all the required minimum terms and conditions and was in line with the provisions of the Fair Work Act. The Commission also determined that the agreement met the better off overall test, as it provided for improved conditions for the employees, including additional leave provisions and a pay increase. As a result, the Commission approved the enterprise agreement, rejecting the union's objections.

The Fair Work Commission approved the DTZ FM Services Pty Ltd - Royal Women’s Hospital (Maintenance Department) Enterprise Agreement 2015-2016, finding that it met the legal requirements and the better off overall test. The Commission dismissed the objections raised by the United Voice union.

DTZ FM Services Pty Ltd T/A DTZ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established