CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty. Ltd.
(AG2015/5238)

OTIS ELEVATOR COMPANY PTY LTD (QUEENSLAND) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 JANUARY 2016

Application for approval of the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2015.

The decision issued by Fair Work Commission on 4 November 2015 [2015] FWCA 7546, is corrected as follows:

1. By deleting paragraph [3] and inserting the following:

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Otis Elevator Company Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2015. The application for approval was brought by the applicant, the employer, under section 235 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement, which had been negotiated between the employer and the union representing the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly those concerning the protection of employees' rights and the avoidance of adverse economic consequences. The Commission needed to assess whether the agreement contained terms that were contrary to the 'better off overall test' and whether it had been negotiated in good faith. Furthermore, the Commission had to determine if the agreement met the requirements of procedural fairness and if it adhered to the principles of industrial relations law, including those relating to the protection of vulnerable employees.

In its decision, the Commission considered the evidence presented by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement did not contravene the better off overall test and was negotiated in good faith. It was also determined that the agreement met the procedural fairness requirements and did not adversely affect the employees' rights. Consequently, the Commission approved the proposed enterprise agreement, finding that it was fair and appropriate for the purposes of the Act.

The final orders of the Commission were that the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect on the date of the Commission's decision and would govern the employment conditions of the employees covered by the agreement.

Otis Elevator Company Pty. Ltd.

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established