REGENCY SHOWER SCREENS & WARDROBES STH AUSTRALIA ENTERPRISE AGREEMENT 2014 Summary

[2014] FWCA 5859

FAIR WORK COMMISSION

DECISION

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

Regency (Showerscreens & Wardrobes) Pty Limited
(AG2014/7089)

REGENCY SHOWER SCREENS & WARDROBES STH AUSTRALIA ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 AUGUST 2014

Application for approval of the Regency Shower Screens & Wardrobes Sth Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Regency Shower Screens & Wardrobes Sth Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regency (Showerscreens & Wardrobes) Pty Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), 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) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 1 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regency Shower Screens & Wardrobes Sth Australia Pty Ltd applied to the Fair Work Commission for the approval of their 2014 Enterprise Agreement. The dispute involved the terms and conditions of employment for employees covered by the agreement, which was to be applied to a specific group of employees in the company.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, terms, and whether it provided for the fair and reasonable terms of employment as required by law. The court had to assess if the agreement provided for the minimum terms as stipulated in the Fair Work Act and if it met the "better off overall test" that required the employees to be no worse off financially than under the previous agreement or the applicable award.

The Fair Work Commission found that the agreement was fair and reasonable and met all the statutory requirements. The court noted that the agreement provided for terms and conditions that were no less favourable than the applicable award or previous enterprise agreement. The commission also found that the agreement was likely to lead to improved productivity and efficiency in the workplace. Consequently, the court approved the agreement, and it came into effect from 4 September 2014, with a nominal expiry date of 1 February 2017.

REGENCY SHOWER SCREENS & WARDROBES STH AUSTRALIA ENTERPRISE AGREEMENT 2014

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established