Otis Elevator Company Pty Ltd T/A Otis Elevator Company

[2019] FWCA 7174

[2019] FWCA 7174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2019/3093)

OTIS ELEVATOR COMPANY PTY LTD (NEW SOUTHWALES) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 16 OCTOBER 2019

Application for approval of the Otis Elevator Company Pty Ltd (New South Wales) - Construction & Service Employees Enterprise Agreement 2019.

[1] An application has been filed by Otis Elevator Company Pty Ltd T/A Otis Elevator Company(the applicant) for the approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (New South Wales) - Construction & Service Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The wage rates were not provided by the employer but have since been provided to the Commission. The wages rates are attached to the end of the Agreement and operate for the purposes of clause 9 – Wage Increases of the Agreement.

[3] The employer provided an undertaking regarding clause 45 – Meal Allowance. A copy of the undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Communications Electrical Electric 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. In accordance with s.201(2) of the Act, I note that the Agreement covers the unions.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

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