Otis Elevator Company Pty Ltd

[2020] FWCA 6510

[2020] FWCA 6510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2020/3390)

OTIS ELEVATOR COMPANY PTY LTD (QUEENSLAND) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 DECEMBER 2020

Application for variation of the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2018

[1] An application has been made for approval of a variation to the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2018 (the Agreement). The application was made by Otis Elevator Company Pty Ltd pursuant to s 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 3 of the Agreement to provide that the Agreement will not apply to employees to whom the Otis Elevator Company Pty Ltd Queen's Wharf Project Agreement applies, which covers employees in respect of building and construction work undertaken by the employees on the Queen's Wharf Brisbane project for the Destination Brisbane Consortium. A copy of the variation is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the original application for approval of the Agreement. The undertakings were accepted by the Commission and the Agreement was approved on 31 July 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s 216 of the Act, the variation operates from 8 December 2020.

DEPUTY PRESIDENT

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<AE503374  PR725130>