Electrolux Home Products Pty Ltd Summary

[2014] FWCA 5001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2014/6660)

ELECTROLUX HOME PRODUCTS PTY LTD - ORANGE ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 24 JULY 2014

Application for approval of the Electrolux Home Products Pty Ltd - Orange Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd - Orange Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the National Union of Workers and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 31 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrolux Home Products Pty Ltd (the "employer") applied for approval of the Electrolux Home Products Pty Ltd - Orange Enterprise Agreement 2014-2017 (the "agreement") under the Fair Work Act 2009 (the "Act"). The application was brought before the Fair Work Commission (the "Commission") by the employer, and the Australian Manufacturing Workers' Union (the "union") opposed the application. The union's opposition was based on the argument that the agreement did not meet the "better off overall test" under section 234 of the Act.

The legal issues before the Commission were whether the agreement complied with the requirements of the Act, specifically focusing on whether it met the "better off overall test" as outlined in section 234 of the Act. This test requires that, overall, employees must be no worse off financially and at least as well off in other respects compared to their previous terms and conditions of employment. Additionally, the Commission considered whether the agreement provided adequate protections for employees and whether it complied with the procedural requirements for making an enterprise agreement.

The Commission found that the agreement met the "better off overall test" and was in compliance with the Act. The Commission concluded that employees would be no worse off financially and at least as well off in other respects under the agreement. The Commission also noted that the agreement provided adequate protections for employees and complied with the procedural requirements for making an enterprise agreement. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Electrolux Home Products Pty Ltd - Orange Enterprise Agreement 2014-2017. The Commission found that the agreement met the "better off overall test" and was in compliance with the Act. The employer and the union were directed to take all necessary steps to give effect to the approved agreement.

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