DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2016/5249)

ELECTROLUX HOME PRODUCTS PTY LTD HEATHERTON SERVICE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Heatherton Service 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Electrolux Home Products Pty Ltd, who sought approval for the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2016. The applicant argued that the agreement met the requirements of section 231 of the Fair Work Act 2009 and should be approved. The Fair Work Commission heard the application.

The primary legal issues before the Commission were whether the agreement met the "no-disadvantage test" and whether it was a "better off overall test" compliant enterprise agreement. The Commission needed to determine if the agreement provided employees with conditions that were no less favourable than the relevant award or safety net award and if it was better off overall for the employees compared to the safety net.

The Commission found that the agreement was consistent with the no-disadvantage test and the better off overall test. It provided employees with conditions that were at least as favourable as the relevant award and ensured they were better off overall. The Commission approved the agreement, finding that it met all the legislative requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2016. This decision provided clarity on the approval process for enterprise agreements and reinforced the importance of meeting the legislative criteria for such agreements to be valid.

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