DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regency Shower Screens T/A Regency Shower Screens
(AG2018/6459)

REGENCY SHOWER SCREENS ALBURY ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Regency Shower Screens Albury Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Regency Shower Screens T/A 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regency Shower Screens T/A Regency Shower Screens, an employer, applied to the Fair Work Commission for the approval of the Regency Shower Screens Albury Enterprise Agreement 2017. The applicant, the Fair Work Commission, was required to determine whether the application met the statutory requirements for approval of an enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union, the representative of employees under the agreement.

The central issue for the Commission was whether the application for approval complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the application was made in good faith, if the agreement had been fairly negotiated, and if the necessary procedural requirements had been satisfied. Additionally, the Commission had to consider whether the agreement met the better-off-overall test, ensuring that no party was worse off financially under the agreement.

The Commission concluded that the application satisfied the statutory requirements. The Commission found that the agreement was made in good faith and that the negotiation process was fair. The procedural requirements were also met, including the provision of a copy of the agreement to employees and the requisite waiting period before the application was made. The Commission further determined that the agreement passed the better-off-overall test, as none of the parties would be worse off financially under the terms of the agreement.

The Commission approved the Regency Shower Screens Albury Enterprise Agreement 2017, effective from the date specified in the application. The decision was made under the authority granted by section 232 of the Fair Work Act 2009.

Regency Shower Screens T/A 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