DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2017/3473)

ELECTROLUX HOME PRODUCTS PTY LTD QUEENSLAND DISTRIBUTION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Electrolux Home Products Pty Ltd Queensland Distribution Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Queensland Distribution Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrolux Home Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Applicant has requested that the rates of pay be kept confidential and provided reasons and the bargaining representatives did not object to this course. The rates of pay that will apply to employees covered by the agreement are contained in the undertaking provided on 26 October 2017. I am satisfied that the rates should not be published on the Fair Work Commission’s website and I order accordingly.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Electrolux Home Products Pty Ltd for the approval of the Queensland Distribution Enterprise Agreement 2017. The application pertained to the employment conditions of certain employees within the company, specifically those covered by the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements for approval under the Act. Procedurally, the Commission needed to assess whether the agreement had been made following the appropriate processes, including whether sufficient genuine bargaining had occurred. Substantively, the Commission examined whether the agreement provided for terms and conditions that were fair and reasonable, taking into account various factors such as minimum wage rates, penalty rates, and other employment standards.

The Commission found that the agreement had been made following proper procedures, with evidence of genuine efforts to bargain collectively. Regarding the substantive content, the Commission concluded that the proposed terms and conditions were fair and reasonable, considering the applicable awards and the overall fairness of the agreement. The Commission noted that the agreement included provisions for minimum wage rates, penalty rates, and other employment conditions that were consistent with the relevant industrial instruments and the need to provide for a fair outcome for both parties. Consequently, the Fair Work Commission approved the Electrolux Home Products Pty Ltd Queensland Distribution Enterprise Agreement 2017.

Electrolux Home Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established