Electrolux Home Products Pty Ltd Summary

[2014] FWCA 6663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electrolux Home Products Pty Ltd
(AG2014/8948)

ELECTROLUX HOME PRODUCTS PTY LTD QUEENSLAND DISTRIBUTION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 SEPTEMBER 2014

Application for approval of the Electrolux Home Products Pty Ltd Queensland Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Queensland Distribution Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 September 2014. The nominal expiry date of the Agreement is30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrolux Home Products Pty Ltd sought approval of the Queensland Distribution Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval. The primary dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum entitlements, ensured procedural fairness, and was made in good faith. The Commission had to assess whether the agreement met the criteria for approval under section 232 of the Fair Work Act, which requires that the agreement ensures employees are not worse off and that it is made in good faith. The employer argued that the agreement was fair and reasonable, while the employees contended that it did not adequately protect their rights and entitlements.

The Fair Work Commission found that the agreement generally met the criteria for approval. It determined that the agreement provided for minimum entitlements and procedural fairness, and that it was made in good faith. The Commission was satisfied that the agreement did not result in employees being worse off overall and that it adequately covered essential terms and conditions of employment. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all the circumstances.

Electrolux Home Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established