DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2016/6013)

ELECTROLUX HOME PRODUCTS ADELAIDE MANUFACTURING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2016 (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. 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 9 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electrolux Home Products Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The applicants sought to have the agreement, which was intended to govern the terms and conditions of employment for their Adelaide manufacturing workforce, approved by the Commission. The dispute involved whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was a valid enterprise agreement under the Act. Specifically, the Commission needed to determine whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by the Act. Additionally, the Commission considered whether the agreement complied with the procedural requirements for its approval.

The Commission examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and contained all the minimum terms and conditions required by the Act. The Commission also concluded that the agreement complied with the procedural requirements for its approval. Given these findings, the Commission approved the agreement, finding that it met all the statutory requirements for an enterprise agreement under the Act.

The Fair Work Commission approved the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2016, determining that it was a valid enterprise agreement under the Fair Work Act 2009. The Commission found that the agreement was made in good faith, contained the necessary minimum terms and conditions, and complied with the procedural requirements for its approval. This decision ensures that the agreement will govern the terms and conditions of employment for the Adelaide manufacturing workforce as intended.

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