Otis Elevator Company Pty Ltd

[2024] FWCA 2177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd

(AG2024/1902)

OTIS ELEVATOR COMPANY PTY LTD (TASMANIA) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 JUNE 2024

Application for approval of the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2023.

Otis Elevator Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 15 November 2023 and the Agreement was made on 17 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 June 2024 and, in accordance with s.54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 26 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Otis Elevator Company Pty Ltd, applied for approval of the proposed Enterprise Agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the respondent being the Australian Council of Trade Unions. The nature of the dispute centred around the terms and conditions of employment for the employees covered by the proposed agreement. The central legal issues were whether the proposed agreement met the requirements for registration under the Act, including whether it provided for minimum terms and conditions, and whether it had been fairly negotiated.

The Commission considered the proposed agreement in detail, examining the provisions against the statutory requirements for registration. It assessed whether the agreement provided for minimum terms and conditions as stipulated in the Fair Work Act, and whether it had been negotiated in good faith. The Commission also considered the views of both parties and any relevant evidence. The Court concluded that the proposed agreement met the necessary criteria for approval, as it provided for the minimum terms and conditions, and there was evidence of good faith negotiation.

The Fair Work Commission approved the proposed Enterprise Agreement, finding it to be compliant with the requirements of the Fair Work Act. The approval was granted on the basis that the agreement provided for the minimum terms and conditions, and had been negotiated in good faith. The Court's decision was based on a comprehensive analysis of the agreement's provisions and the evidence presented by both parties. The final orders of the Commission were that the Enterprise Agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established