Regency (Showerscreens & Wardrobes) Pty Limited
[2025] FWCA 2103
•26 JUNE 2025
| [2025] FWCA 2103 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Regency (Showerscreens & Wardrobes) Pty Limited
(AG2025/1774)
REGENCY SHOWER SCREENS ALBURY ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 26 JUNE 2025 |
Application for approval of the Regency Shower Screens Albury Enterprise Agreement 2025
Regency (Showerscreens & Wardrobes) Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Regency Shower Screens Albury Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 9 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 30 May 2027.
Section 218A variation to correct or amend errors, defects or irregularities
Clause 20.3 of the Agreement relates to consultation about changes to the regular roster or ordinary hours of work. Clause 20.3.1(b) contains a clear typographical error where it states “(b) subclauses 20.3.2 to Error! Reference source not found. apply.” Clause 20.3.1(b) of the Agreement should state: “subclauses 20.3.2 to 20.3.6 apply.”
After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.
Accordingly, Clause 20.3.1(b) of the Agreement is varied to remove “subclauses 20.3.2 to Error! Reference source not found. apply.” and inserting in its place “subclauses 20.3.2 to 20.3.6 apply.”
This variation will operate from 26 June 2025.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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