DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2015/3358)

OTIS ELEVATOR COMPANY PTY LTD (TASMANIA) - CONSTRUCTION & SERVICE EMPLOYEE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2015

Application for approval of the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2014 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 July 2015 and, in accordance with s.54, will operate from 4 August 2015. The nominal expiry date of the Agreement is 27 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2014. The applicant, the Association of Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the agreement certified as a registered enterprise agreement. The agreement was entered into between the applicant and the respondent, Otis Elevator Company Pty Ltd, for employees in Tasmania. The legal issues before the FWC were whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009 and whether it complied with the good faith bargaining requirement. The applicant argued that the agreement was made in good faith, and the respondent did not provide any evidence to the contrary. The FWC examined the process by which the agreement was negotiated and concluded that it had been made in good faith. The FWC also found that the agreement met all the legal requirements for registration under the Fair Work Act. After considering all the evidence and arguments, the FWC approved the agreement. The FWC determined that the agreement was a genuine enterprise agreement and should be registered as such. The FWC found that the agreement was made in good faith and met all the necessary requirements for registration. The FWC also noted that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. As a result, the FWC made an order approving the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2014 as a registered enterprise agreement.

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