Regency Shower Screens

[2022] FWCA 780

[2022] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regency Shower Screens

(AG2022/261)

Regency Shower Screens Rowville Enterprise Agreement 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MARCH 2022

Application for approval of the Regency Shower Screens Rowville Enterprise Agreement 2020

1. Regency Shower Screens (the Applicant) has made an application for approval of an enterprise agreement known as the Regency Shower Screens Rowville Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 February 2022.

1. On 21 February 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought an amended signatory page that complied with Fair Work Regulation 2.06A.

• Chambers requested submissions on agreement pre-approval requirements, including voting notification, the provision of the Agreement and the explanation of agreement terms.

• Parties were notified that should the Agreement be approved; the approval decision will note that the Agreement will commence 7 days following approval pursuant to s.54(1)(a) of the Act.

• The dispute resolution term contained in Clause 17 did not specifically state that employees are entitled to be represented.

• Clause 7.1 regarding redundancy could be inconsistent with the National Employment Standards however the NES precedence term at clause 5 of the Agreement is deemed sufficient to resolve this NES concern.

• Chambers raised better off overall concerns regarding Junior Apprentice (Stage 1 & 2) rates of pay.

1. The Applicant has submitted an undertaking in the required form dated 23 February 2022. The undertaking deals with the following topics:

• The Applicant confirmed that employees are entitled to be represented in all stages of the Dispute Resolution Procedure.

• Regarding the better off overall concern regarding junior apprentices, the Applicant provided rates of pay that are above the award.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515224  PR739010>