Otis Elevator Company Pty Ltd Summary

[2023] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd

(AG2023/3079)

OTIS ELEVATOR COMPANY PTY LTD (NEW SOUTH WALES) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2023

Building services
DEPUTY PRESIDENT EASTON	SYDNEY, 19 SEPTEMBER 2023

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

Otis Elevator Company Pty Ltd (the Employer) has made an application for the approval of the Otis Elevator Company Pty Ltd (New South Wales) – Construction & Service Employees Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2023. The nominal expiry date of the Agreement is 30 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Otis Elevator Company Pty Ltd (New South Wales) seeking approval for the proposed enterprise agreement with its construction and service employees. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural fairness requirements, contained no unfair content, and was made in good faith. The central procedural concern was whether the company had adequately consulted with its employees before proposing the agreement.

In addressing these issues, the Commission considered the evidence provided by both the company and the employees' representatives. It evaluated the level of consultation and the steps taken to ensure that the employees were adequately informed and had the opportunity to provide input. The Commission also examined the substantive provisions of the agreement to ensure they did not contain any terms that were contrary to the public interest or were otherwise unfair. The fairness of the agreement was assessed in the context of the broader labour market and the specific circumstances of the industry.

After reviewing the evidence, the Fair Work Commission found that the company had fulfilled its obligations to consult with its employees and that the proposed enterprise agreement did not contain any unfair content. The Commission was satisfied that the agreement had been made in good faith and met all the necessary criteria for approval. Consequently, the Commission approved the Otis Elevator Company Pty Ltd (New South Wales) – Construction & Service Employees Enterprise Agreement 2023.

Otis Elevator Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established