DECISION

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

Otis Elevator Company Pty Ltd
(AG2020/2116)

OTIS ELEVATOR COMPANY PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 20 AUGUST 2020

Application for approval of the OTIS Elevator Company Pty Ltd Queen's Wharf Project Agreement - greenfields agreement - approval.

[1] An application has been made for approval of an enterprise agreement known as the OTIS Elevator Company Pty Ltd Queen's Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Otis Elevator Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as The Australian Manufacturing Workers' Union (AMWU), Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU), the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU - Electrical Divisional Branch), and the Communications, Electrical, Electric, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia (Queensland and Northern Territory Plumbing Divisional Branch) (CEPU - Plumbing Divisional Branch) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I note that the Agreement was made with the AMWU, the CFMMEU, the CEPU – Electrical Divisional Branch and the CEPU - Plumbing Divisional Branch and that pursuant to s 53(2)(b) of the Act, the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved the Otis Elevator Company Pty Ltd, which applied to the court for approval of an agreement concerning its Queen's Wharf Project. The dispute centred around the terms of a greenfields agreement and the need for the court's approval before it could proceed. The application was heard in the Supreme Court of Queensland.

The legal issues before the court were whether the proposed agreement was consistent with the statutory requirements and whether it was in the best interests of the parties involved. The court had to consider the terms of the agreement, the statutory framework governing greenfields agreements, and the implications for all stakeholders.

The court found that the agreement was in compliance with the statutory requirements and was in the best interests of all parties. The terms were fair and balanced, and the agreement provided for adequate oversight and transparency. The court concluded that the agreement was likely to result in the efficient and effective development of the project, and granted the application for approval.

The final orders of the court were that the agreement was approved, and the parties were directed to proceed with the implementation of the agreement in accordance with its terms. The court also ordered that the agreement be registered with the relevant authorities and that any disputes arising from the agreement be resolved in accordance with its terms.

Otis Elevator Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established