Otis Elevator Company Pty Ltd Summary

[2025] FWCA 3531

The attached document replaces the document previously issued with the above code on 22 October 2025.

Added Agreement Title to preamble

Associate to Commissioner Durham

Dated 22 October 2025

[2025] FWCA 3531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Otis Elevator Company Pty Ltd

(AG2025/3477)

OTIS ELEVATOR COMPANY PTY LTD (QUEENSLAND) – CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 22 OCTOBER 2025

Application for approval of the Otis Elevator Company Pty Ltd (Queensland) – Construction & Service Employees Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Otis Elevator Company Pty Ltd (Queensland) – Construction & Service Employees Enterprise Agreement 2025 (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 (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU and AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Otis Elevator Company Pty Ltd (Queensland) – Construction & Service Employees Enterprise Agreement 2025 was the subject of an application for approval under section 185 of the Fair Work Act 2009. The application was made by Otis Elevator Company Pty Ltd, and the Fair Work Commission, represented by Commissioner Durham, was responsible for deciding whether to approve the agreement. The agreement in question was intended to cover employees represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the Australian Manufacturing Workers’ Union (AMWU). Both unions had lodged statutory declarations under section 183 of the Fair Work Act, expressing their intention for the agreement to cover their members.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met all the necessary requirements under sections 186, 187, and 188 of the Fair Work Act for it to be approved. This involved ensuring that the agreement had been fairly and genuinely negotiated, that it contained certain minimum terms and conditions, and that it did not discriminate against employees. Additionally, the Commission needed to confirm that the agreement complied with the statutory provisions, including the procedural requirements for its approval.

In making its decision, the Fair Work Commission determined that the agreement satisfied all relevant provisions of the Fair Work Act. The Commission noted that the agreement was a single enterprise agreement and that it had been fairly and genuinely negotiated. It was also found to cover the relevant employees and unions, and it complied with the minimum terms and conditions required by law. Given these findings, the Fair Work Commission approved the Otis Elevator Company Pty Ltd (Queensland) – Construction & Service Employees Enterprise Agreement 2025. The agreement was set to operate from the date of approval and would expire on 30 June 2028 unless terminated earlier in accordance with the agreement or the Fair Work Act.

Otis Elevator Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established