Electrolux Home Products Pty Ltd Summary

[2014] FWCA 432

FAIR WORK COMMISSION

DECISION

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

Electrolux Home Products Pty Ltd
(AG2013/12854)

ELECTROLUX HOME PRODUCTS PTY LTD WESTERN AUSTRALIAN SERVICE AND DISTRIBUTION EMPLOYEE ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JANUARY 2014

Application for approval of the Electrolux Home Products Pty Ltd Western Australian Service and Distribution Employee Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Western Australian Service and Distribution Employee Enterprise Agreement 2013-2016 (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 Agreement is approved. In accordance with s.54(1) it will operate from 23 January 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Electrolux Home Products Pty Ltd, an employer, and the National Electrical and Electronic Manufacturers' Association, representing employees. The dispute centred on the approval of the Electrolux Home Products Pty Ltd Western Australian Service and Distribution Employee Enterprise Agreement 2013-2016. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement satisfied the procedural requirements for registration and whether it met the substantive standards outlined in the Fair Work Act. This included assessing whether the agreement contained the mandated minimum terms and conditions, and whether it was free from prohibited content, such as terms that undermine the operation of the Act or are otherwise unfair. The Commission also needed to consider the process by which the agreement was made, ensuring that it adhered to the good faith bargaining requirements.

In delivering its decision, the Commission meticulously examined the provisions of the agreement against the statutory requirements. It found that the agreement complied with the necessary procedural and substantive criteria. The Commission confirmed that the agreement was made in good faith and contained all the mandated minimum terms and conditions. The Commission was satisfied that the agreement did not contain any prohibited content and was therefore suitable for approval. Consequently, the Commission approved the Electrolux Home Products Pty Ltd Western Australian Service and Distribution Employee Enterprise Agreement 2013-2016.

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