Application by Otis Elevator Company Pty Ltd Trading AS Otis Elevator Company
Citation: [2026] FWCA 1831
What happened
Otis Elevator Company Pty Ltd, trading as Otis Elevator Company, sought approval for a single enterprise agreement called the Otis Elevator Company Pty Ltd (Western Australia) – Construction & Service Employees Enterprise Agreement 2026. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), representing employees, indicated their desire for the agreement to cover them. The company made the application under section 185 of the Fair Work Act.
What was decided
The Fair Work Commission approved the enterprise agreement on July 14, 2026. It will be effective from July 21, 2026, and expire on June 30, 2029. The Commission found that all relevant requirements of sections 186, 187, and 188 of the Fair Work Act were met. The CEPU’s desire for coverage was noted and confirmed according to section 201(2). As the Commissioner stated, 'I am satisfied that each of the requirements...have been met.'
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all relevant sections of the Fair Work Act, including those relating to approval criteria. Thorough documentation and declarations are necessary for a successful application.
What it means for employees
Employees should be aware of their right to have union representation in bargaining processes and how this can lead to enterprise agreements that affect their terms and conditions of employment. The CEPU’s coverage under the agreement means its members will benefit from the agreed terms.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →