Electrolux Home Products Pty Ltd

[2013] FWCA 7962

FAIR WORK COMMISSION

DECISION

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

Electrolux Home Products Pty Ltd
(AG2013/10697)

ELECTROLUX HOME PRODUCTS - NATIONAL CUSTOMER CONTACT CENTRE EMPLOYEE ENTERPRISE AGREEMENT 2013-2016

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 OCTOBER 2013

Application for approval of the Electrolux Home Products - National Customer Contact Centre Employee Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products - National Customer Contact Centre Employee Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Electrolux Home Products Pty Ltd. 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 New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 October 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Electrolux Home Products Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, the Electrolux Home Products – National Customer Contact Centre Employee Enterprise Agreement 2013-2016, was intended to govern the employment conditions of employees working in the national customer contact centre. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the protection of employees' interests and the promotion of workplace harmony.

The primary legal issue before the Commission was whether the agreement complied with the statutory criteria outlined in the Fair Work Act. This involved assessing whether the agreement facilitated the efficient operation of the enterprise while adequately protecting the interests of employees. The Commission also needed to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off under the agreement compared to their previous conditions of employment.

In reaching its decision, the Commission found that the proposed agreement met the statutory criteria. The agreement included provisions that balanced the interests of the employer and employees, ensuring the efficient operation of the enterprise while maintaining fair and reasonable terms for employees. The Commission concluded that the agreement was likely to promote workplace harmony and improve the efficiency of the enterprise. Consequently, the application for approval was successful, and the agreement was certified as meeting the requirements of the Fair Work Act.

The Fair Work Commission approved the Electrolux Home Products – National Customer Contact Centre Employee Enterprise Agreement 2013-2016, certifying it as meeting the statutory criteria under the Fair Work Act. This decision allows the agreement to be implemented, governing the employment conditions of employees within the national customer contact centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established