DECISION

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

Electrolux Home Products Pty Ltd
(AG2019/3675)

ELECTROLUX HOME PRODUCTS - NATIONAL CUSTOMER CARE CENTRE EMPLOYEE ENTERPRISE AGREEMENT 2019-2021

Clerical industry
DEPUTY PRESIDENT BULL	SYDNEY, 1 NOVEMBER 2019

Application for approval of the Electrolux Home Products - National Customer Care Centre Employee Enterprise Agreement 2019-2021

[1] An application (Form F16) has been filed by Electrolux Home Products Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Electrolux Home Products - National Customer Care Centre Employee Enterprise Agreement 2019-2021 (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 as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Electrolux Home Products Pty Ltd sought approval of the Electrolux Home Products - National Customer Care Centre Employee Enterprise Agreement 2019-2021, which was submitted to the Fair Work Commission for determination. The applicant sought an order approving the enterprise agreement under the Fair Work Act 2009. The application was made by Electrolux Home Products Pty Ltd, and the dispute involved the proposed agreement's provisions regarding employee conditions, including wages, working hours, and other employment terms.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "low-paid" agreement and whether it complied with the "better-off overall test." The Commission also needed to consider if the agreement contained terms that were contrary to the Fair Work Act's objectives, including ensuring fairness and avoiding exploitation of employees.

The Fair Work Commission found that the proposed agreement did not meet the criteria for being a "low-paid" agreement, as the majority of the employees covered by the agreement were not low-paid workers. However, the Commission determined that the agreement was still eligible for approval under section 234 of the Fair Work Act 2009, as it complied with the "better-off overall test." The Commission found that the agreement provided employees with improved conditions, including higher wages and better working conditions, compared to the applicable award. Additionally, the Commission was satisfied that the agreement did not contain any terms that were contrary to the objectives of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Electrolux Home Products - National Customer Care Centre Employee Enterprise Agreement 2019-2021. The Commission's decision was based on its determination that the agreement met the requirements of the Fair Work Act 2009 and provided improved conditions for the employees covered by the agreement. The approval of the enterprise agreement ensures that the employees will benefit from the improved terms and conditions outlined in the agreement, while also providing Electrolux Home Products Pty Ltd with the flexibility to manage its workforce effectively.

Electrolux Home Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established