Otis Elevator Company Pty Ltd

[2023] FWCA 1779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd

(AG2023/1812)

OTIS ELEVATOR COMPANY PTY LTD (VICTORIA) CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JUNE 2023

Application for approval of the Otis Elevator Company Pty Ltd (Victoria) Construction & Service Employees Enterprise Agreement 2022

Otis Elevator Company Pty Ltd has made an application for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Victoria) Construction & Service Employees Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the AMWU and CEPU.

The Agreement was approved on 19 June 2023 and, in accordance with s 54, it will operate from 26 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Otis Elevator Company Pty Ltd (Victoria) Construction and Service Employees Enterprise Agreement 2022 was brought before the Fair Work Commission. The application for approval of this agreement was made by the employer, Otis Elevator Company Pty Ltd, in accordance with section 231 of the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act, specifically whether it contained the necessary safety net protections and if it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions, including wages, penalty rates, leave entitlements, and other conditions that were at least equal to or better than the applicable award or safety net terms. The Commission also considered if the agreement was made in good faith and without coercion, as required by section 230 of the Fair Work Act.

The Commission determined that the agreement contained the necessary safety net protections and was made in good faith and without coercion. The agreement provided for minimum terms and conditions that met or exceeded the applicable safety net provisions. The Commission was satisfied that the agreement was the product of genuine bargaining between the parties and was not the result of any undue influence or pressure. As a result, the Fair Work Commission approved the Otis Elevator Company Pty Ltd (Victoria) Construction and Service Employees Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established