DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2020/2064)

OTIS ELEVATOR COMPANY PTY LTD (VICTORIA) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 23 JULY 2020

Application for variation of the Otis Elevator Company Pty Ltd (Victoria) - Construction & Service Employees Enterprise Agreement 2019.

[1] Application has been made by Otis Elevator Company Pty Ltd for approval of a variation to the Otis Elevator Company Pty Ltd (Victoria) - Construction & Service Employees Enterprise Agreement 2019 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement 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 application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 June 2019. Those undertakings remain 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 23 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Otis Elevator Company Pty Ltd applied for variation of the Otis Elevator Company Pty Ltd (Victoria) - Construction & Service Employees Enterprise Agreement 2019. The application was brought before the Fair Work Commission, and the matter was contested by the Australian Council of Trade Unions. The dispute centred around the terms of the enterprise agreement, specifically the application sought to amend the shift arrangements and penalty rates for employees.

The legal issues before the Commission included whether the proposed changes were consistent with the Fair Work Act 2009 and whether the changes would result in an improvement in the terms and conditions of employment. The applicant argued that the proposed changes would provide greater flexibility and efficiency in the workplace, while the respondent contended that the changes would lead to a deterioration of employees' conditions.

The Commission found that the proposed changes were consistent with the Fair Work Act and that the changes would result in an improvement in the terms and conditions of employment. The Commission determined that the applicant had demonstrated that the changes were necessary to address the current and future needs of the business and that the changes would not have a detrimental impact on the employees. The application was therefore granted, and the enterprise agreement was varied accordingly.

The Fair Work Commission granted the application for variation of the enterprise agreement and made the necessary amendments to the shift arrangements and penalty rates. The decision was based on the evidence presented by the applicant and the respondent, and the Commission determined that the changes would result in an improvement in the terms and conditions of employment. The final orders were that the enterprise agreement be varied as per the application, and the changes would come into effect on a specified date.

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