Otis Elevator Company Pty Ltd

[2017] FWCA 4736

[2017] FWCA 4736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2017/3405)

OTIS ELEVATOR COMPANY PTY LTD (AUSTRALIAN CAPITAL TERRITORY) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER JOHNS	SYDNEY, 11 SEPTEMBER 2017

Application for approval of the Otis Elevator Company Pty Ltd (Australian Capital Territory) - Construction & Service Employees Enterprise Agreement 2017.

[1] On 9 August 2017 Otis Elevator Company Pty Ltd (Applicant) made an application for approval of the Otis Elevator Company Pty Ltd (Australian Capital Territory) - Construction & Service Employees Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 September 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

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Annexure A