Regency Showerscreens and Wardrobes Pty Ltd Summary

[2023] FWCA 1245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Regency Showerscreens and Wardrobes Pty Ltd

(AG2023/1090)

REGENCY SHOWER SCREENS & WARDROBES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 2 MAY 2023

Application for approval of the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Regency Showerscreens and Wardrobes Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 April 2023.

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) of the Act I note that the Agreement covers this organisation.

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.

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 1 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regency Showerscreens and Wardrobes Pty Ltd applied for approval of the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2023. The applicant sought an order approving the enterprise agreement in accordance with the Fair Work Act 2009. The Fair Work Commission accepted the application and approved the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it met the better-off, overall test. The Commission considered the terms and conditions of the agreement, including wages, penalty rates, and other employment conditions. The Commission also considered submissions from the parties and any relevant stakeholders.

The Commission found that the agreement met the requirements of the Fair Work Act and passed the better-off, overall test. The agreement provided for fair and reasonable terms and conditions for employees, including wages, penalty rates, and other employment conditions. The Commission also considered the views of the parties and any relevant stakeholders and found that the agreement was in the best interests of the employees and the employer. The Commission approved the agreement and made the necessary orders under the Fair Work Act.

Regency Showerscreens and Wardrobes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established