DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2017/134)

OTIS ELEVATOR COMPANY PTY LTD (SOUTH AUSTRALIA) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Otis Elevator Company Pty Ltd as the applicant seeking approval for the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement provided adequate protections and terms for employees, particularly in relation to wages, conditions, and dispute resolution mechanisms, while also ensuring fairness and compliance with relevant statutory provisions.

The Commission undertook a thorough examination of the agreement, considering various factors such as the coverage of employees, the provisions regarding wages and conditions, and the dispute resolution processes outlined within the agreement. The central focus was on whether the agreement complied with the requirements set forth in the Fair Work Act, including ensuring that it did not disadvantage employees and provided a fair and efficient means for resolving disputes. The Commission also assessed the negotiation process and the representation of employees during the formation of the agreement.

The Fair Work Commission concluded that the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2016 met the necessary criteria for approval. The Commission found that the agreement provided fair and reasonable terms and conditions for employees, included appropriate mechanisms for resolving disputes, and was negotiated in good faith. Consequently, the Commission approved the agreement, allowing it to take effect as intended. The decision underscores the importance of ensuring that enterprise agreements are fair, comply with statutory requirements, and adequately protect the interests of employees.

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