Otis Elevator Company Pty Ltd

[2013] FWCA 6860

The attached document replaces the document previously issued with the above code on 12 September 2013.

The word “Company” in the name of the Agreement has been corrected.

Glenda Cameron

Associate to Commissioner Macdonald

Dated - 12 September 2013

[2013] FWCA 6860

FAIR WORK COMMISSION

DECISION

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

Otis Elevator Company Pty Ltd
(AG2013/9205)

OTIS ELEVATOR COMPANY PTY LTD (NEW SOUTH WALES) - CONSTRUCTIONS & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Otis Elevator Company Pty Ltd (New South Wales) - Constructions & 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 (New South Wales) - Constructions & Service Employees Enterprise Agreement 2013 (the Agreement). The application was made by Otis Elevator company Pty Ltd pursuant 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 19 September 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Otis Elevator Company Pty Ltd, sought approval of a new enterprise agreement under the Fair Work Act 2009. The proposed agreement was the Constructions & Service Employees Enterprise Agreement 2013. The dispute arose when the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) challenged the agreement, arguing that it did not meet the "better off overall test" (BOOT) as required by the Fair Work Act. The case was heard by the Fair Work Commission (FWC), the body responsible for overseeing and approving such agreements.

The central legal issue before the FWC was whether the proposed agreement was fair and met the BOOT as required by the Fair Work Act. The FWC needed to determine if the agreement provided employees with outcomes that were no worse than the existing conditions they enjoyed under their previous agreement, and whether it offered improvements that were fair and reasonable. The FWC also had to consider if the agreement was made in good faith and if it complied with all relevant legislative requirements.

In assessing the agreement, the FWC reviewed the terms and conditions proposed in the agreement, including wage rates, working hours, leave provisions, and other employment conditions. The FWC also considered submissions from both the applicant and the CFMEU, as well as any relevant evidence provided. After a thorough examination, the FWC determined that the proposed agreement met the BOOT, was made in good faith, and complied with all legislative requirements. The FWC approved the agreement, finding that it provided a fair and reasonable outcome for employees.

The FWC's decision was based on a comprehensive analysis of the proposed agreement and the evidence presented. The FWC found that the agreement offered employees a fair and reasonable outcome, with no deterioration in their existing conditions and some improvements. The FWC also found that the agreement was made in good faith and complied with all relevant legislative requirements. As a result, the FWC approved the Constructions & Service Employees Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established