[2013] FWCA 5283 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Electrolux Home Products Pty Ltd
(AG2013/7555)
ELECTROLUX HOME PRODUCTS PTY LTD HEATHERTON SERVICE ENTERPRISE AGREEMENT 2013
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 1 AUGUST 2013 |
Application for approval of the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by 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] An undertaking has been given in relation to clauses 12 and 27 of the Agreement and those undertakings haves become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.
[4] The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.
[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2013. The nominal expiry date of the Agreement is 1 May 2016.
COMMISSIONER
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APPENDIX A
- AGLC
- Electrolux Home Products Pty Ltd [2013] FWCA 5283
- Case
- [2013] FWCA 5283
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms of employment, and whether it complied with all applicable provisions of the Fair Work Act. This included scrutiny of the agreement's provisions regarding pay rates, hours of work, leave entitlements, and other employment conditions. The Commission also considered the fairness of the agreement in light of the principles of the Australian industrial relations system, which emphasises the need for genuine bargaining and fair outcomes for both employers and employees.
After thorough examination, the Commission found that the agreement met the necessary requirements for approval. The terms were deemed fair and reasonable, and the agreement was found to comply with the provisions of the Fair Work Act. The Commission was satisfied that the agreement had been genuinely bargained and that it provided for appropriate protections and benefits for the employees. Consequently, the application for approval was successful, and the agreement was formally approved.
The Fair Work Commission approved the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2013, effective from the date of the decision. This decision provides clarity and certainty for both the employer and the employees, setting the terms of employment under the agreement. The approval ensures that the agreement operates within the legal framework established by the Fair Work Act and Regulations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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