DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2016/1682)

ELECTROLUX HOME PRODUCTS PTY LTD HEATHERTON DISTRIBUTION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Heatherton Distribution 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 Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 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

Electrolux Home Products Pty Ltd applied to the Fair Work Commission for approval of the Electrolux Home Products Pty Ltd Heatherton Distribution Enterprise Agreement 2016. The applicant was a manufacturer and distributor of household appliances, and the respondent was the union representing the employees. The dispute involved the terms and conditions of employment for the employees in the distribution centre.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper conduct. The Commission also had to consider whether the agreement complied with the "better off overall test", which required that employees be no worse off financially under the new agreement than they would have been under their previous agreement.

The Commission found that the agreement met the requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from any improper conduct. The Commission also found that the agreement met the better off overall test, as employees would be no worse off financially under the new agreement than they would have been under their previous agreement. The Commission approved the agreement, and it came into effect on 1 July 2016.

No further orders were made by the Commission.

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