Otis Elevator Company Pty Ltd T/A Otis Elevator Company Pty Ltd

[2024] FWCA 4674

[2024] FWCA 4674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd T/A Otis Elevator Company Pty Ltd

(AG2024/4682)

OTIS ELEVATOR COMPANY PTY LTD (AUSTRALIAN CAPITAL TERRITORY) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 24 DECEMBER 2024

Application for approval of the Otis Elevator Company Pty Ltd (Australian Capital Territory) – Construction & Service Employees Enterprise Agreement 2024

Introduction

1. Otis Elevator Company Pty Ltd T/A 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 (Australian Capital Territory) – Construction & Service Employees Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 March 2024 and the Agreement was made on 14 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Delegates’ Rights Term

1. The Agreement does not contain a delegates’ rights term that is no less favourable than the term in the applicable modern award, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

Section 186, 187 and 188

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

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

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