DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2016/7050)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Otis Elevator Company Pty Ltd (New South Wales) - 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 (New South Wales) - 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Otis Elevator Company Pty Ltd applied for approval of the Construction & Service Employees Enterprise Agreement 2016. The application was made by the company in its capacity as the employer of a number of employees covered by the agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including provisions on employee entitlements, classification, and procedural fairness.

The key legal issues before the Commission were whether the agreement provided adequate protections for employees, including minimum wage rates and conditions, and whether it complied with procedural requirements such as the need for genuine bargaining and consultation with employee representatives. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful.

In its decision, the Commission found that the agreement generally provided fair and reasonable terms for employees, with appropriate provisions for wages, classification, and procedural fairness. The Commission noted that while there were some minor issues with the agreement, these did not undermine its overall fairness. The Commission was satisfied that the agreement had been genuinely bargained and that the company had complied with procedural requirements. Accordingly, the Commission approved the agreement subject to certain minor modifications to address the identified issues.

The final orders of the Commission were that the Construction & Service Employees Enterprise Agreement 2016 be approved with modifications, and that the company take steps to ensure that the modified agreement was communicated to all affected employees and implemented 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