DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2021/5764)

REGENCY SHOWERSCREENS & WARDROBES CARDIFF ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 JULY 2021

Application for approval of the Regency Showerscreens & Wardrobes Cardiff Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Regency Showerscreens & Wardrobes Cardiff Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 10 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for approval of the Regency Showerscreens & Wardrobes Cardiff Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, which governs enterprise agreements and the role of the Fair Work Commission in approving such agreements. The nature of the dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The legal issues the court was required to decide included whether the agreement was genuinely negotiated between the employer and the employees, whether it provided for appropriate safeguards for employees, and whether it complied with the various provisions of the Fair Work Act, including those relating to pay, conditions, and dispute resolution. The court had to carefully consider the evidence presented by both parties and determine whether the agreement was fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of the employer and employees.

The Fair Work Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions for the employees. The Commission considered the evidence presented by both parties and concluded that the agreement met all the statutory requirements for approval. The Commission noted that the agreement provided for appropriate safeguards for employees, including provisions for dispute resolution and the protection of employees' rights. The Commission also found that the agreement complied with the various provisions of the Fair Work Act, including those relating to pay, conditions, and dispute resolution. Based on these findings, the Commission approved the agreement, and the application was successful.

The Fair Work Commission's decision was based on a thorough analysis of the evidence presented by both parties and a careful consideration of the relevant legal issues. The Commission's approval of the agreement was a significant outcome for both the employer and employees, as it provided a framework for fair and reasonable terms and conditions of employment. The decision also demonstrated the importance of genuine negotiation and compliance with the statutory requirements for enterprise agreements.

Unidex Consulting Pty Ltd T/A Frontline Human Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established