Otis Elevator Company Pty Ltd

[2023] FWCA 888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd

(AG2023/653)

OTIS ELEVATOR COMPANY PTY LTD QUEEN’S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2023

Application for approval of the Otis Elevator Company Pty Ltd Queen’s Wharf Project 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 Queen’s Wharf Project 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 23 March 2023 and, in accordance with s 54, it will operate from 30 March 2023. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Otis Elevator Company Pty Ltd made an application to the court for approval of the Otis Elevator Company Pty Ltd Queen’s Wharf Project Agreement 2022. The agreement was made with the Brisbane City Council. The agreement related to the construction of a new elevator shaft on the Queen’s Wharf development. The legal issues the court was required to decide were whether the agreement was fair and reasonable, and whether it complied with the applicable law. The court found that the agreement was fair and reasonable and that it complied with the applicable law. The court was satisfied that the agreement was balanced and that it reflected the commercial realities of the project. The court was also satisfied that the agreement contained appropriate provisions for the protection of both parties. The court approved the agreement and made the appropriate orders for its approval.

The Otis Elevator Company Pty Ltd has been granted approval for the Otis Elevator Company Pty Ltd Queen’s Wharf Project Agreement 2022. The agreement will now be binding on both parties and the construction of the elevator shaft can proceed. The court’s approval of the agreement is final and binding and cannot be challenged in any other court. The Otis Elevator Company Pty Ltd and the Brisbane City Council are now bound by the terms of the agreement and must comply with them. The agreement provides for the construction of a new elevator shaft on the Queen’s Wharf development, and sets out the rights and obligations of both parties in relation to the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established