Electrolux Home Products Pty Ltd v Australian Workers' Union
| Electrolux v The Australian Workers' Union | |
|---|---|
| Court | High Court of Australia |
| Full case name | Electrolux Home Products Pty Ltd v The Australian Workers' Union |
| Decided | 2 September 2004 |
| Citations | [2004] HCA 40, (2004) 221 CLR 309; 209 ALR 116; 78 ALJR 1231 |
| Case history | |
| Prior action | The AMWU v Electrolux [2002] FCAFC 199 (21 June 2002) |
| Case opinions | |
| (6:1) Appeal Upheld. Only matters that "pertain to the relationship between employer and employee" can be in an enterprise agreement. Bargaining agent's fee do not "pertain" so cannot be in an enterprise agreement. | |
| Majority | Gleeson CJ, McHugh, Gummow, Hayne, Callinan, Heydon JJ |
| Dissent | Kirby J |
Electrolux v The Australian Workers' Union was a 2004 decision by the High Court of Australia that held that a bargaining agent fee did not pertain to the relationship between employer and employee and so could not be included in an enterprise bargaining agreement.