Electrolux Home Products Pty Ltd

[2022] FWCA 2527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrolux Home Products Pty Ltd

(AG2022/2379)

Electrolux Home Products Pty Ltd Ravenhall Service Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 27 JULY 2022

Application for approval of the Electrolux Home Products Pty Ltd Ravenhall Service Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Ravenhall Service Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 1 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrolux Home Products Pty Ltd applied for the approval of the Electrolux Home Products Pty Ltd Ravenhall Service Enterprise Agreement 2022. The applicant sought the approval under section 195 of the Fair Work Act 2009. The applicant argued that the agreement was a good faith agreement that provided for the terms and conditions of employment for employees of the company and was necessary to facilitate productivity and efficiency in the workplace. The applicant argued that the agreement was made in good faith and that the agreement was appropriate for the business of the company.

The court was required to decide whether the agreement was a good faith agreement that provided for the terms and conditions of employment for employees of the company and whether it was appropriate for the business of the company. The court was required to consider the terms of the agreement and the process by which it was made. The court was also required to consider whether the agreement was necessary to facilitate productivity and efficiency in the workplace and whether it was in the best interests of the employees.

The court found that the agreement was a good faith agreement that provided for the terms and conditions of employment for employees of the company. The court found that the agreement was appropriate for the business of the company and that it was necessary to facilitate productivity and efficiency in the workplace. The court found that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment. The court approved the agreement and made the necessary orders.

The court ordered that the Electrolux Home Products Pty Ltd Ravenhall Service Enterprise Agreement 2022 be approved under section 195 of the Fair Work Act 2009. The court ordered that the agreement be registered with the Fair Work Commission and that it be binding on the employees and the employer. The court ordered that the agreement be in effect from the date of the approval and that it be binding on all employees who were employed by the company on or after that date. The court also ordered that the agreement be published on the Fair Work Commission's website and that it be available for inspection by the public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established