Electrolux Home Products T/A Electrolux Home Products Pty Limited

Case [2024] FWCA 2366


[2024] FWCA 2366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Electrolux Home Products T/A Electrolux Home Products Pty Limited

(AG2024/2139)

ELECTROLUX HOME PRODUCTS ADELAIDE MANUFACTURING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER PLATT

ADELAIDE, 27 JUNE 2024

Application for approval of the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electrolux Home Products T/A Electrolux Home Products Pty Limited (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 19 June 2024.

  1. On 19 June 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

  1. The Applicant has submitted an undertaking in the required form dated 20 June 2024, a copy of which is attached to the Agreement. The undertaking provides higher minimum rates for Adult Apprentices to ensure the BOOT is met.

  1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

  1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

  1. The Australian Workers’ Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (known as the Australian Manufacturing Workers’ Union), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 July 2027.


COMMISSIONER

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Details
AGLC
Electrolux Home Products T/A Electrolux Home Products Pty Limited [2024] FWCA 2366
Case
[2024] FWCA 2366
Decision Date

CaseChat Overview and Summary

Electrolux Home Products T/A Electrolux Home Products Pty Limited sought approval of an enterprise agreement with its Adelaide-based employees. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court found that the agreement was made in good faith and involved genuine negotiations. The agreement provided for minimum wages, conditions, and entitlements that were no less favourable than the applicable award or registered agreement. Furthermore, the agreement contained a genuine dispute resolution process, which included a provision for mediation before any industrial action could be taken. The court also noted that the agreement provided for a transparent process for the selection of bargaining representatives, ensuring that the process was fair and inclusive.

Based on these findings, the court approved the enterprise agreement. The court concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court also found that the agreement met the requirements of the Fair Work Act 2009. The court made an order approving the Electrolux Home Products Adelaide Manufacturing Enterprise Agreement 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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