United Workers' Union (108V) v Electrolux Home Products Pty Ltd
Citation: [2026] FWC 1297
What happened
The United Workers' Union (UWU) applied to the Fair Work Commission under s.739 of the Fair Work Act 2009 on behalf of its members, disputing how Clause 13 of the Electrolux Home Products Pty Ltd National Logistics Support Centre Enterprise Agreement 2022 should apply to labour hire workers at Electrolux's Beverley, South Australia site. Electrolux used workers supplied by Trojan Recruitment Group Pty Ltd alongside its own direct employees. The UWU alleged that Trojan workers were paid only the base hourly rate under the agreement, without casual loading or other entitlements, between October 2022 and October 2025. After conciliation and discussions, Electrolux directed Trojan in October 2025 to pay workers the base rate plus a 25% casual loading. The UWU continued its application seeking formal determinations about what 'paid in accordance with this agreement' required across a range of pay conditions and duties.
What was decided
Deputy President Hampton determined that Clause 13 requires Electrolux to ensure its labour hire provider pays relevant workers amounts calculated by applying the 2022 Agreement's terms and conditions as if that agreement covered those workers directly. This includes the Forklift Driver/Storeperson (C11) classification, base rates, and the 25% casual loading for casual employees. The Commission declined to answer the UWU's detailed questions about specific entitlements and duties, finding there was insufficient factual basis and that those matters were no longer the real character of the dispute. The Commission also declined to make findings about whether Electrolux had breached the agreement before October 2025, noting that any such declaration would be a matter for a court. The Commission recommended that Electrolux engage with Trojan to ensure labour hire workers have not been financially disadvantaged during the earlier period.
What it means for employers
Employers covered by enterprise agreements containing labour hire pay parity clauses must actively direct their labour hire providers to pay workers in line with the agreement's rates and conditions, not simply assume it is occurring. Where a clause requires workers to be paid 'in accordance with' an agreement, this extends to casual loading, penalty rates, and other remuneration provisions, not just base hourly rates. Employers should monitor compliance by their labour hire providers throughout the life of an agreement.
What it means for employees
Employees working through a labour hire provider at a site covered by an enterprise agreement with a pay parity clause are entitled to have their employer directed to pay them equivalent rates under that agreement, including casual loading and applicable penalties. Workers who believe they received less than the required rate before October 2025 may need to pursue a court claim, as the Commission found that it was not the appropriate body to make findings of breach for that earlier period.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/united-workers-union-108v-v-electrolux-home-products-pty-ltd-2026-fwc-1297Want more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →