DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2016/5401)

ELECTROLUX HOME PRODUCTS – NATIONAL CUSTOMER CONTACT CENTRE EMPLOYEE ENTERPRISE AGREEMENT 2016 - 2019

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Electrolux Home Products - National Customer Contact Centre Employee Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products - National Customer Contact Centre Employee Enterprise Agreement 2016 - 2019 (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 Applicant in this matter has requested that rates of pay remain confidential for reasons pertaining to commercial sensitivity. I am content to grant the Applicant’s request and am satisfied that rates of pay provided satisfy the better off overall test requirements.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 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

Electrolux Home Products Pty Ltd sought approval for the Electrolux Home Products – National Customer Contact Centre Employee Enterprise Agreement 2016-2019. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms for the employees, including minimum rates of pay and other employment conditions. A secondary issue was whether the agreement had been fairly and genuinely negotiated between the employer and the employee representatives.

The Commission found that the agreement was fairly and genuinely negotiated and contained terms that provided for fair and reasonable minimum rates of pay and other employment conditions. The agreement included provisions for minimum wages, leave entitlements, penalty rates, and other standard employment conditions. The Commission concluded that the agreement met the legal requirements under the Fair Work Act and approved the agreement. The approval ensures that the terms and conditions of employment for the employees are protected and that they are paid fairly for their work.

The Commission's decision was based on its finding that the agreement provided for fair and reasonable terms for the employees and that it had been fairly and genuinely negotiated. The Commission also considered the evidence provided by the parties and the relevant legal framework in making its decision. The approval of the agreement provides certainty for both the employer and the employees and ensures that the agreement is 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