DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2014/8005)

OTIS ELEVATOR COMPANY PTY LTD (AUSTRALIAN CAPITAL TERRITORY) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Otis Elevator Company Pty Ltd (Australian Capital Territory) - 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 (Australian Capital Territory) - Construction & Service Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Otis Elevator Company Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 28 February 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Otis Elevator Company Pty Ltd applied to the Fair Work Commission for approval of the Construction & Service Employees Enterprise Agreement 2014. The application was opposed by the Australian Building and Construction Commission, which raised concerns about the proposed enterprise agreement's provisions regarding penalty rates, annual leave, and the definition of a shift. The Commission was required to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by law.

The Commission considered the arguments presented by both parties and examined the provisions of the proposed agreement. It found that the agreement was made in good faith and that it contained the minimum terms and conditions required by law. The Commission also found that the provisions regarding penalty rates, annual leave, and the definition of a shift did not contravene the law or undermine the principles of the national workplace relations system. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the law.

The Otis Elevator Company Pty Ltd was successful in its application for approval of the proposed enterprise agreement. The Commission approved the agreement, subject to certain modifications to ensure compliance with the law. The modifications related to the calculation of penalty rates and the definition of a shift, and were designed to ensure that the agreement did not undermine the principles of the national workplace relations system. The Commission's decision provides guidance to employers and employees in the construction and service industries on the requirements for an enterprise agreement to be approved by the Fair Work Commission.

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