Regency (Shower Screens & Wardrobes) Pty Limited

[2013] FWCA 8192

FAIR WORK COMMISSION

DECISION

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

Regency (Shower Screens & Wardrobes) Pty Limited
(AG2013/9621)

REGENCY SHOWERSCREENS AND WARDROBES PTY LTD (QLD) AND CFMEU ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 OCTOBER 2013

Application for approval of the Regency ShowerScreens and Wardrobes Pty Ltd (Qld) and CFMEU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regency ShowerScreens and Wardrobes Pty Ltd (Qld) and CFMEU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 October 2013. The nominal expiry date of the Agreement is30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regency (Shower Screens & Wardrobes) Pty Limited applied to the Fair Work Commission for approval of the Regency ShowerScreens and Wardrobes Pty Ltd (Qld) and CFMEU Enterprise Agreement 2013. The applicant is an employer, and the respondent is the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirement for 'genuine agreement' and 'no-disadvantage' test. The Commission had to assess if the agreement was made genuinely and fairly, and if it provided employees no worse conditions than they would have under the applicable award or safety net.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties, including the process through which the agreement was negotiated and the extent of employee participation. The Commission found that the agreement had been negotiated in good faith and that it did not result in employees being worse off. It considered that the agreement met the statutory requirements for approval, including that it did not unfairly disadvantage any employee and was genuinely agreed upon by the parties.

The Fair Work Commission approved the Regency ShowerScreens and Wardrobes Pty Ltd (Qld) and CFMEU Enterprise Agreement 2013. The Commission's decision was based on the evidence that the agreement was the result of genuine bargaining and that it did not adversely affect the employees' terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established