Electrolux Home Products Pty Ltd Summary

[2018] FWCA 2171

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Electrolux Home Products Pty Ltd

(AG2017/6206)

Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017

Clerical industry
Commissioner Harper-Greenwell	MELBOURNE, 16 APRIL 2018

Application for approval of the Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017 (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.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval 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.

The Agreement was approved on 16 April 2018 and, in accordance with s.54, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Electrolux Home Products Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017. The application was made by Electrolux, which sought to implement the enterprise agreement that had been negotiated with its employees. The dispute arose as Electrolux aimed to ensure that the terms and conditions of employment were appropriately regulated under the agreement. The Commission's task was to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing the compliance of the enterprise agreement with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement contained the mandatory terms set out in section 235 of the Act, and whether it had been fairly negotiated. The Commission also had to ensure that the agreement did not adversely affect employees' job security and that it did not discriminate against any group of employees. Additionally, the fairness and appropriateness of the agreement's terms in relation to the employees' working conditions and entitlements were scrutinised.

The Fair Work Commission found that the Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017 met the necessary requirements under the Fair Work Act. The Commission confirmed that the agreement contained all the mandatory terms specified in section 235, and that it had been fairly negotiated. The Commission was satisfied that the agreement did not unfavourably affect employees' job security and did not discriminate against any group of employees. Furthermore, the terms of the agreement were considered appropriate and fair in relation to the employees' working conditions and entitlements. Consequently, the Commission approved the enterprise agreement as compliant with the statutory requirements.

As a result of the Commission's decision, the Electrolux Home Products Dudley Park Administration Employees Enterprise Agreement 2017 was approved. The agreement now legally binds Electrolux and its employees, setting out the terms and conditions of employment for the specified group of employees.

Electrolux Home Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established