Otis Elevator Company Pty Ltd

Case

[2024] FWCA 2177

13 JUNE 2024


[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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