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

Annexure A

CaseChat Overview and Summary

Otis Elevator Company Pty Ltd, trading as Otis Elevator Company, applied to the Fair Work Commission for approval of its enterprise agreement, the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2020. The application was contested by the Electrical Trades Union of Australia Tasmania, which argued that the agreement did not meet the legal standards for approval. The matter was heard by the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009, which has jurisdiction over employment-related matters in Australia.

The key legal issues before the Commission were whether the agreement was a "bargained" agreement as required by the Fair Work Act, and whether it contained provisions that complied with the Act's minimum terms and conditions. The Commission needed to determine if the agreement had been genuinely negotiated between the parties and if it met the statutory requirements for minimum terms and conditions. The Electrical Trades Union of Australia Tasmania argued that the agreement did not meet the requirements, while Otis Elevator Company Pty Ltd maintained that it had been fairly negotiated and complied with the law.

The Fair Work Commission found that the agreement was genuinely bargained and met the statutory requirements for approval. The Commission determined that the agreement contained provisions that met the minimum terms and conditions set out in the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained appropriate mechanisms for resolving disputes between the parties. The Electrical Trades Union of Australia Tasmania's objections were dismissed, and the application for approval was granted.

The Fair Work Commission approved the Otis Elevator Company Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2020, effective from the date of the decision. The Commission ordered that the agreement be registered and published in accordance with the Fair Work Act. The Electrical Trades Union of Australia Tasmania was given the right to appeal the decision to the Federal Court of Australia within 21 days of the decision.

Otis Elevator Company Pty Ltd T/A Otis Elevator Company

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established