Otis Elevator Company Pty Ltd T/A Otis Elevator Company

[2023] FWCA 811

[2023] FWCA 811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company

(AG2023/517)

OTIS ELEVATOR COMPANY PTY LTD (NORTHERN TERRITORY) - SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MARCH 2023

Application for approval of the Otis Elevator Company Pty Ltd (Northern Territory) - Service Employees Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Northern Territory) - Service Employees Enterprise Agreement 2022 (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 T/A Otis Elevator Company. The Agreement is a single enterprise agreement.

1. 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that some employees covered by the Agreement did not receive a copy of the Notice of Employee Representational Rights within 14 days after the notification time, as required by s.173(3) of the Act. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement was approved on 17 March 2023 and, in accordance with s.54, will operate from 24 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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