Otis Elevator Company Pty Ltd Summary

[2024] FWCA 476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Otis Elevator Company Pty Ltd

(AG2023/5461)

Otis Elevator Company Pty Ltd (South Australia) Construction & Service Employees Enterprise Agreement 2023

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 6 FEBRUARY 2024

Application for approval of the Otis Elevator Company Pty Ltd (South Australia) Construction & Service Employees Enterprise Agreement 2023

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 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 13 February 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd applied for the approval of an enterprise agreement with its employees under section 185 of the Fair Work Act 2009. The enterprise agreement in question, the Otis Elevator Company Pty Ltd (South Australia) Construction & Service Employees Enterprise Agreement 2023, was intended to cover employees in the building, metal, and civil construction industries. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) also expressed interest in the agreement, lodging a statutory declaration under section 183 of the Act. The decision on the application for approval of the agreement was made by Commissioner Thornton of the Fair Work Commission in Adelaide on 6 February 2024.

The court needed to determine if the application for approval met the requirements of sections 186, 187, and 188 of the Fair Work Act, as well as whether the agreement met the necessary conditions to be approved. Specifically, the court had to consider if the agreement was made in good faith, if it covered the appropriate employees, and if it was free from any improper influence or interference. Additionally, the court needed to confirm that the agreement was made without coercion and that it provided for a fair and efficient resolution of workplace issues.

Upon review, the Commissioner was satisfied that all relevant requirements had been met. The Commissioner confirmed that the agreement covered the CEPU, as per section 201(2) of the Act. Consequently, the Commissioner approved the enterprise agreement, which would operate from 13 February 2024, with a nominal expiry date of 31 October 2027. This decision ensures that the agreement is in compliance with the Fair Work Act and will govern the terms and conditions of employment for the specified period.

Otis Elevator Company Pty Ltd

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