DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Otis Elevator Company Pty Ltd
(AG2020/4057)

OTIS ELEVATOR COMPANY PTY LTD (AUSTRALIAN CAPITAL TERRITORY) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 JANUARY 2021

Application for variation of the Otis Elevator Company Pty Ltd (Australian Capital Territory) - Construction & Service Employees Enterprise Agreement 2020.

[1] Application has been made by Otis Elevator Company Pty Ltd for approval of a variation to the Otis Elevator Company Pty Ltd (Australian Capital Territory) - Construction & Service Employees Enterprise Agreement 2020 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 21 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd applied to the Fair Work Commission for a variation of the Construction & Service Employees Enterprise Agreement 2020. The application sought to amend provisions concerning shift patterns, rostering and overtime entitlements, and the definition of "casual employee". The dispute arose due to changes in operational demands and the need to align the agreement with the current business environment.

The legal issues before the Commission included whether the proposed changes were reasonable and necessary to meet the operational needs of the company, and whether they would unfairly disadvantage the employees. The Commission had to balance the need for flexibility in the workplace with the protection of employee rights as established by the Fair Work Act 2009.

The Commission found that the proposed changes were necessary and reasonable, given the significant operational challenges faced by Otis. The changes aimed to improve efficiency and productivity without compromising the employees' rights. The Commission emphasised the importance of maintaining a fair and balanced agreement that addresses the legitimate needs of both the employer and the employees. The application was approved, with the revised agreement to be effective from a specified date.

The Commission's decision was grounded in a comprehensive analysis of the operational context, the impact of the proposed changes on both parties, and the broader principles of fairness and reasonableness. The final orders included the approval of the application and the variation of the specified provisions in the enterprise agreement.

Otis Elevator Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established