Otis Elevator Company Pty Ltd T/A Otis Elevator Company

[2020] FWCA 1926

[2020] FWCA 1926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company
(AG2020/834)

OTIS ELEVATOR COMPANY PTY LTD (SOUTH AUSTRALIA) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 APRIL 2020

Otis Elevator Company Pty Ltd (South Australia) - Construction & Service Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (South Australia) – Construction & Service Employees Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Otis Elevator Company Pty Ltd T/A Otis Elevator Company (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 April 2020.

[3] On 14 April 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 April 2020. The undertaking deals with the following topics:

•  Any annualised salary developed and implemented under clause 42 of the Agreement will not result in a lesser outcome when compared to the terms of the Agreement.

•  For the purpose of clause 3.7(a) of Appendix 3, employees will be able to access extended sick leave for up to 18 months.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2023.

COMMISSIONER

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