DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2016/5778)

ELECTROLUX HOME PRODUCTS PTY LTD NEW SOUTH WALES TECHNICIANS’ EMPLOYEE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Electrolux Home Products Pty Ltd New South Wales Technicians’ Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd New South Wales Technicians’ Employee 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Electrolux Home Products Pty Ltd, a major home appliance manufacturer, and its employees represented by the Electrical Trades Union of Australia. The dispute centred on the approval of a proposed enterprise agreement, the Electrolux Home Products Pty Ltd New South Wales Technicians’ Employee Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while Electrolux contended that certain provisions were not genuinely agreed upon by the employees and were unfair.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it contained terms that were unfair. Specifically, the Commission had to assess the genuineness of the agreement, including whether the employer had genuinely negotiated with the union, and whether the terms of the agreement were fair. The Commission also needed to consider whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially compared to their previous conditions.

In making its decision, the Fair Work Commission carefully examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the employer had genuinely negotiated with the union and that the agreement reflected the outcome of that negotiation process. Regarding the fairness of the terms, the Commission determined that the agreement was fair and met the 'better off overall test'. The Commission concluded that the agreement was genuine and fair, and therefore approved it under the Fair Work Act.

The final orders of the Commission included the approval of the Electrolux Home Products Pty Ltd New South Wales Technicians’ Employee Enterprise Agreement 2016. The agreement was to be registered and would apply to the relevant employees from the date of approval. The Commission's decision provided certainty and clarity for both the employer and the employees, ensuring that the terms of the agreement were legally binding and enforceable.

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