DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2017/6377)

OTIS ELEVATOR COMPANY PTY LTD (TASMANIA) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2018

Application for approval of the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2017 (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 Applicant 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] Subject to the undertakings 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2018. The nominal expiry date of the Agreement is 26 November 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd T/A Otis Elevator Company applied to the Fair Work Commission for approval of an enterprise agreement. The company sought to have the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2017 approved. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. This included whether the agreement provided for minimum entitlements, allowed for a fair process for resolving disputes, and whether it was appropriately negotiated. The Commission also needed to consider whether the agreement was in the best interests of the employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. The agreement included provisions for minimum entitlements and a fair process for resolving disputes. The Commission also found that the agreement was appropriately negotiated and was in the best interests of the employees. The Commission approved the enterprise agreement, finding that it met the necessary requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2017. The agreement was deemed to be fair and reasonable, providing for minimum entitlements and a fair process for resolving disputes. The Commission found that the agreement was appropriately negotiated and was in the best interests of the employees.

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