DECISION

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

Regency Shower Screens
(AG2018/6606)

REGENCY SHOWER SCREENS, CLAYTON ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2019

Application for approval of the Regency Shower Screens, Clayton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Regency Shower Screens, Clayton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regency Shower Screens. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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, will operate from 23 July 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regency Shower Screens Pty Ltd sought approval of the Regency Shower Screens, Clayton Enterprise Agreement 2017 from the Fair Work Commission. The agreement was proposed by the employer as a replacement for the existing enterprise agreement, and it included changes to employee entitlements and working conditions. The union representing the employees, United Voice Victoria, opposed the approval of the agreement, arguing that it was not in the best interests of the employees.

The legal issues before the commission were whether the proposed agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. The commission considered the provisions of the Fair Work Act 2009, including the requirement that an enterprise agreement must not provide for terms and conditions that are less favourable than the safety net provided by the relevant award. The commission also considered the principles of good faith bargaining and the need for the agreement to be fair and reasonable.

The commission found that the proposed agreement was in compliance with the statutory requirements and was in the best interests of the employees. The commission noted that the agreement provided for a number of benefits for the employees, including increased pay rates and improved leave entitlements. The commission also found that the employer had acted in good faith during the bargaining process and that the agreement reflected the views of the employees. The commission approved the proposed agreement, which will now become the enterprise agreement for the employees of Regency Shower Screens.

The commission's decision highlights the importance of ensuring that enterprise agreements are in compliance with the relevant statutory requirements and that they are in the best interests of the employees. Employers should also be aware of the principles of good faith bargaining and the need to ensure that any proposed changes to employee entitlements and working conditions are fair and reasonable. The decision also reinforces the role of the Fair Work Commission in approving enterprise agreements and resolving disputes between employers and employees.

Regency Shower Screens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established