Electrolux Home Products Pty Ltd Summary

[2022] FWCA 3700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Electrolux Home Products Pty Ltd

(AG2022/3949)

Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 24 OCTOBER 2022

Application for approval of the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2022

Electrolux Home Products Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Electrolux Home Products Pty Ltd, which sought approval for its National Logistics Support Centre Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval for the proposed agreement which outlined terms and conditions of employment for certain employees of the company. The Fair Work Commission was tasked with determining whether the agreement should be certified as a single interest employer agreement, which would make it legally binding on the parties involved.

The primary legal issue before the Commission was whether the agreement met the criteria for certification as a single interest employer agreement. This involved assessing whether the agreement was made in good faith, whether it covered only employees of Electrolux Home Products Pty Ltd, and whether it provided for the terms and conditions of employment of those employees. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act and any relevant industrial instruments.

The Fair Work Commission, after examining the application and the contents of the proposed agreement, found that it met all the necessary criteria for certification. The Commission was satisfied that the agreement was made in good faith and covered only the employees of Electrolux Home Products Pty Ltd. It was also determined that the agreement provided for the terms and conditions of employment and complied with the relevant provisions of the Fair Work Act. The Commission certified the National Logistics Support Centre Enterprise Agreement 2022 as a single interest employer agreement, thereby making it legally binding on the parties involved.

The Commission's decision was communicated through a written determination, and the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2022 was approved and certified. This certification meant that the agreement would apply to the relevant employees, and the terms and conditions outlined in the agreement would be legally binding on both Electrolux Home Products Pty Ltd and the employees involved.

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