Otis Elevator Company Pty Ltd

[2013] FWCA 7439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Otis Elevator Company Pty Ltd
(AG2013/9530)

OTIS ELEVATOR COMPANY PTY LTD (SOUTH AUSTRALIA) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2013 (the Agreement). The application was made by Otis Elevator Company Pty Ltd to s.185 of the Fair Work Act 2009 (the Act). 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 the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 October 2013. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd applied to the Fair Work Commission for approval of the Construction & Service Employees Enterprise Agreement 2013, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The union represented the employees of the company in South Australia. The application was opposed by the Australian Building and Construction Commission, which argued that the agreement did not meet certain statutory requirements.

The legal issues before the Commission were whether the agreement was appropriately negotiated and whether it contained the necessary provisions to be approved under the Fair Work Act 2009. The Commission considered the process of negotiation, the coverage of the agreement, and its compliance with the provisions of the Act. Specifically, the Commission examined whether the agreement contained all the mandated terms and conditions, and whether any provisions were unfair or contrary to public policy.

The Commission found that the agreement was appropriately negotiated in good faith and covered all employees of the company in South Australia. It also found that the agreement contained all the mandated terms and conditions and was not contrary to public policy. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment. The Australian Building and Construction Commission's opposition to the agreement was dismissed.

The Fair Work Commission approved the Construction & Service Employees Enterprise Agreement 2013, finding it to be appropriately negotiated and compliant with the Fair Work Act 2009. The agreement now serves as the governing document for the terms and conditions of employment for the employees of Otis Elevator Company Pty Ltd in South Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established