National Union of Workers

[2013] FWCA 3992

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2013/1077)

ELECTROLUX PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 20 JUNE 2013

Application for approval of the Electrolux Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electrolux Pty Ltd and National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] I note correspondence from the NUW which indicates the reference in clause 7 to the National Training Wage Interim Award 1994 should actually be a reference to the National Training Wage Award 2000 (Transitional).

[3] The NUW, 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 27 June 2013. The nominal expiry date of the Agreement is 31 March 2015

COMMISSIONER

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CaseChat Overview and Summary

The applicant, National Union of Workers, sought approval of an enterprise agreement with Electrolux Pty Ltd. The Federal Circuit and Family Court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The union argued that the agreement, which addressed various employment conditions, was fair and balanced, while Electrolux Pty Ltd did not contest the fairness of the agreement but raised concerns about specific provisions that might affect operational efficiency.

The court had to decide whether the agreement complied with the legal criteria for being a "registerable" agreement, which include provisions on pay rates, classification, working hours, leave entitlements, and other terms and conditions. Additionally, the court examined whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace. The union submitted evidence to demonstrate that the agreement was the product of genuine negotiations and was fair and efficient in terms of the employees' conditions.

The court found that the agreement met the necessary criteria for registration. It was determined that the agreement was the result of genuine negotiations and contained provisions that were fair and efficient. The court also noted that while Electrolux Pty Ltd had not opposed the fairness of the agreement, it had not provided evidence to suggest otherwise. The court concluded that the agreement was in line with the requirements of the Fair Work Act and approved its registration.

The final orders included the registration of the Electrolux Pty Ltd and National Union of Workers Enterprise Agreement 2013, which would now apply to the relevant employees and employers as a legally binding agreement. The court confirmed that the agreement would be available for inspection and could be accessed by any party involved in the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established