Otis Elevator Company Pty Ltd T/A Otis Elevator Company

[2021] FWCA 1127

[2021] FWCA 1127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2021/195)

OTIS ELEVATOR COMPANY PTY LTD (TASMANIA) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 MARCH 2021

Application for approval of the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2020.

[1] Otis Elevator Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the 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.

[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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 March 2021 and, in accordance with s 54, will operate from 9 March 2021. The nominal expiry date of the Agreement is 26 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510618  PR727429>

Annexure A