DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2018/7204)

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

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 10 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 Fair Work Commission notes that the rates of pay applicable under the Agreement were circulated with the proposed Agreement prior to employees voting on the Agreement. I am satisfied the rates of pay form part of the Agreement and will be published with the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd (Queensland) applied to the Fair Work Commission for approval of the 2018 Enterprise Agreement. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) who submitted that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and considered the submissions made by both parties.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act, including provisions regarding the coverage of the agreement, the bargaining process, and the terms and conditions of employment. The Commission also needed to determine if the agreement appropriately balanced the interests of the employees, the employer, and the broader community.

The Fair Work Commission found that the Enterprise Agreement was compliant with the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and covered all employees of the company who were intended to be included. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it appropriately balanced the interests of the parties. The Commission rejected the AMWU's arguments and approved the Enterprise Agreement.

The Fair Work Commission approved the Otis Elevator Company Pty Ltd (Queensland) - Construction & Service Employees Enterprise Agreement 2018. The Commission found that the agreement met all legal requirements and appropriately balanced the interests of the employer, employees, and the broader community. The approval is effective from the date of the decision and will apply to all employees covered by the agreement.

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