DECISION

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

Electrolux Home Products Pty Ltd
(AG2019/2278)

ELECTROLUX HOME PRODUCTS PTY LTD HEATHERTON SERVICE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

Electrolux Home Products Pty Ltd applied to the Fair Work Commission for approval of the Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between Electrolux and the trade union, the Electrical Trades Union of Australia, representing the employees at the Heatherton service centre. The union sought to negotiate a new enterprise agreement that would improve conditions for the employees.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act, including whether it provided for minimum entitlements, whether it was in the best interests of the employees, and whether it met the good faith bargaining requirements. The Commission also needed to consider whether the agreement was in the public interest.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for minimum entitlements and was in the best interests of the employees. The Commission also found that the parties had engaged in good faith bargaining, and that the agreement was in the public interest. The Commission approved the agreement, finding that it met the statutory requirements and was a fair and reasonable agreement for the employees.

The Electrolux Home Products Pty Ltd Heatherton Service Enterprise Agreement 2019 was approved by the Fair Work Commission. The agreement sets out the terms and conditions of employment for the employees at the Heatherton service centre, including their wages, hours of work, leave entitlements, and other employment conditions. The agreement also includes provisions for dispute resolution and the role of the union in representing the employees.

Electrolux Home Products Pty Ltd

DECISION

Annexure

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established