DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2018/6320)

OTIS ELEVATOR COMPANY PTY LTD (WESTERN AUSTRALIA) - CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 JULY 2019

Application for approval of the Otis Elevator Company Pty Ltd (Western Australia) - Construction & Service Employees Enterprise Agreement 2018.

[1] Otis Elevator Company Pty Ltd has made an application for the approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Western Australia) - Construction & Service Employees Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 1 July 2019 and, in accordance with s 54, will operate from 8 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Otis Elevator Company Pty Ltd, applied to the Fair Work Commission for the approval of the Otis Elevator Company Pty Ltd (Western Australia) – Construction & Service Employees Enterprise Agreement 2018. The agreement was entered into between the company and the Construction, Forestry, Maritime, Mining and Energy Union, and related to employees in the construction industry employed by the company in Western Australia. The dispute arose over various aspects of the agreement, including its coverage, classification of employees, and the terms and conditions of employment.

The key legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, if it covered the correct employees, and if it met the requirements under the Fair Work Act 2009. Additionally, the Commission considered whether the terms of the agreement were fair and reasonable, and if they complied with the principles of good faith bargaining and procedural fairness.

The Fair Work Commission found that the agreement was genuinely a bargain between the parties and met the requirements under the Fair Work Act 2009. The Commission held that the agreement covered the correct employees and that the classification of employees was appropriate. The Commission also determined that the terms and conditions of employment in the agreement were fair and reasonable, and that the principles of good faith bargaining and procedural fairness had been adhered to. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Otis Elevator Company Pty Ltd (Western Australia) – Construction & Service Employees Enterprise Agreement 2018, finding it to be a genuine bargain that met the requirements of the Fair Work Act 2009. The agreement was determined to cover the correct employees, with appropriate classification, and the terms and conditions of employment were deemed fair and reasonable. The Commission also found that the principles of good faith bargaining and procedural fairness had been observed.

Otis Elevator Company Pty Ltd T/A Otis Elevator Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established