Electrolux Home Products Pty Limited

[2019] FWCA 8039

[2019] FWCA 8039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Limited
(AG2019/4266)

ELECTROLUX HOME PRODUCTS ADELAIDE MANUFACTURING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 28 NOVEMBER 2019

Application for approval of the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electrolux Home Products Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 November 2019.

[3] On 22 November 2019, 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 26 November 2019. The undertaking deals with the following topics:

•  In clause 13, transfer of employees means the transfer of employees between Electrolux worksites in South Australia.

•  Section 65 of the Act, in relation to flexible working arrangements, is incorporated into the Agreement.

•  For the purposes of calculating apprentice rates in Appendix 2 of the Agreement, the applicable C10 rate of pay is the rate for 1^st Class Metal Finishers.

•  Adult Apprentice rates are as follows; first year 61% of C10 rate, second year 66% of C10 rate, third year 75% of C10 rate, fourth year 88% of C10 rate.

•  Each Apprentice will receive a tool allowance as if they were a tradesperson.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on 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] For the sake of clarity, clause 40 of the Agreement is more restrictive than s.65 of the Act. The NES precedence clause in the Agreement and the undertaking has the effect of expanding the circumstances where flexible working arrangements can be sought.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 27 November 2022.

COMMISSIONER

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