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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Otis Elevator Company Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question was the Otis Elevator Company Pty Ltd (Australian Capital Territory) – Construction & Service Employees Enterprise Agreement 2017. The applicant argued that the agreement met the statutory requirements for approval and was appropriate for registration. The respondent, the Australian Building and Construction Commission, contested the application on the basis that the agreement did not comply with certain provisions of the Act.

The primary legal issue before the court was whether the enterprise agreement complied with the Fair Work Act, specifically in relation to the requirements for approval and registration. The court had to consider whether the agreement was free from unlawful content, whether it was made in good faith, and whether it complied with the relevant provisions of the Act. The court also needed to determine whether the agreement was appropriately certified by an independent person as meeting the "better off overall test."

The court found that the agreement was appropriately certified by an independent person as meeting the better off overall test, and that it did not contain any unlawful content. The court noted that the agreement provided for appropriate minimum terms and conditions, including wages, leave entitlements, and other conditions of employment. The court was satisfied that the agreement was made in good faith and that it complied with the requirements of the Act. The court approved the enterprise agreement and ordered that it be registered.

In light of the above, the court made an order approving the Otis Elevator Company Pty Ltd (Australian Capital Territory) – Construction & Service Employees Enterprise Agreement 2017. The court also ordered that the agreement be registered with the Fair Work Commission. The respondent's application to set aside the approval of the agreement was dismissed.

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