DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrolux Home Products Pty Ltd
(AG2017/3917)

ELECTROLUX HOME PRODUCTS PTY LTD NATIONAL LOGISTICS SUPPORT CENTRE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd National Logistics Support Centre 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.

[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 National Workers Union 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 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Electrolux Home Products Pty Ltd and its employees, who were members of the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on the proposed Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2017, and whether it should be approved by the Fair Work Commission (FWC). The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair and efficient determination of employees' terms and conditions of employment, and whether it was in the public interest to approve the agreement. Additionally, the court had to assess whether the agreement complied with the procedural requirements of the Fair Work Act.

The court examined the submissions and evidence provided by both parties and considered the relevant provisions of the Fair Work Act. It found that the agreement provided for the fair and efficient determination of employees' terms and conditions of employment and was in the public interest. The court also determined that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for the SDA to have made a good faith bargaining effort. Consequently, the court approved the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2017.

As a result of the court's decision, the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2017 was approved and is now in effect for the employees covered by the agreement. The agreement sets out the terms and conditions of employment for the relevant employees, including their wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the employees have a legally binding agreement that governs their employment relationship with Electrolux Home Products Pty Ltd.

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