DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2020/3549)

REGENCY SHOWER SCREENS & WARDROBES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 4 DECEMBER 2020

Application for approval of the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Unidex Consulting Pty Ltd T/A Frontline Human Resources (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 December 2020.

[3] Subclauses 16(c), (e) and (f) appear to be inconsistent with the National Employment Standards (NES), however are remedied by the NES precedence clause in 7 of the Agreement. In particular, the evidence required in subclauses 16(c),(e) is to the satisfaction of a reasonable person, notice of absence in accordance with subclause 16(e) must be provided as soon as practicable and may be at a time after the leave has started and in relation to clause 16(f) insofar as it is inconsistent with s.102 of the Act.

[4] 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.

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

[6] 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 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied for approval of the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission. Regency Shower Screens & Wardrobes South Australia is an enterprise involved in the manufacture and installation of shower screens and wardrobes. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, which was to cover the period from 2020 to 2023. The application was subject to scrutiny to ensure that the agreement met all legislative requirements under the Fair Work Act 2009.

The court was required to determine several key legal issues. Firstly, whether the agreement provided for the minimum entitlements as prescribed by the Fair Work Act, including minimum wages, penalties, and leave entitlements. Secondly, the court had to assess whether the agreement was made in good faith and whether it was genuinely intended to create a fair and equitable working environment for the employees. Thirdly, the court needed to ensure that the agreement did not contain any terms that were contrary to public policy or that would undermine the principles of the Fair Work Act.

After reviewing the agreement and the submissions from both parties, the Fair Work Commission found that the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023 was compliant with the requirements of the Fair Work Act. The court confirmed that the agreement provided for all minimum entitlements and was made in good faith. Additionally, the court determined that the agreement did not contain any terms that were contrary to public policy or undermined the principles of the Fair Work Act. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act. This approval ensured that the terms and conditions outlined in the agreement would be binding on both the employer and the employees covered by the agreement. The decision provided clarity and certainty for the parties involved, ensuring that the enterprise agreement was fair, equitable, and compliant with the relevant legislative framework.

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