Regency (Showerscreens & Wardrobes) Pty Limited Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regency (Showerscreens & Wardrobes) Pty Limited applied to the Fair Work Commission for approval of the Regency Shower Screens Albury Enterprise Agreement 2025. The respondents included the Australian Manufacturing Workers’ Union and Shower Screens and Associated Trades Association. The dispute centred on whether the proposed agreement was consistent with the Fair Work Act 2009 and met the requirements for enterprise agreements. The Fair Work Commission was tasked with examining the agreement to ensure it adhered to the provisions of the Fair Work Act, particularly regarding the procedural fairness and the coverage of the agreement.

The key legal issues the commission needed to address were whether the agreement was made in good faith, whether it included the necessary procedural fairness, and whether the agreement met the criteria for being a simplified procedure agreement. The commission had to assess if the bargaining process was conducted fairly, if the employees were adequately represented, and if the agreement was appropriately negotiated. Additionally, the commission considered whether the agreement provided for minimum entitlements and if it complied with the statutory requirements for enterprise agreements.

The commission found that the agreement was made in good faith and that the bargaining process was conducted fairly with adequate representation of the employees. The commission was satisfied that the agreement included the necessary provisions for minimum entitlements and complied with the statutory requirements. The agreement was deemed to meet the criteria for a simplified procedure agreement, as it was narrowly focused on specific issues and did not cover broader terms and conditions of employment. Therefore, the commission approved the Regency Shower Screens Albury Enterprise Agreement 2025.

The commission's final orders approved the agreement, which will now be binding on the parties for the specified period. The agreement was certified as meeting the requirements of the Fair Work Act and will govern the terms of employment for the relevant employees within the specified scope. The approval ensures that the agreement will be enforceable and that the parties are bound by its terms.

Regency (Showerscreens & Wardrobes) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established