Heyday 5 Pty Ltd Summary

[2014] FWCA 2915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Heyday 5 Pty Ltd
(AG2014/845)

HEYDAY 5 PTY LTD SOUTH COST COLLECTIVE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 MAY 2014

Application for approval of the HEYDAY 5 PTY LTD South Coast Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the HEYDAY 5 PTY LTD South Coast Collective Agreement 2014-2016 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Heyday 5 Pty Ltd.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 May 2014. The nominal expiry date of the Agreement is 5 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Heyday 5 Pty Ltd, sought approval for the South Coast Collective Agreement 2014-2016, which was to apply to the employees of the applicant company. The application was heard in the Fair Work Commission, and the central issue was whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, having been negotiated in good faith and meeting all legislative requirements.

The legal issues before the Commission involved determining if the agreement provided for minimum rates of pay, entitlements, and conditions of employment that were no less favourable than those provided by the relevant awards or safety nets. Additionally, the Commission had to assess if the agreement contained provisions that were necessary or desirable to facilitate the efficient operation of the business and the harmonious management of workplace relations. The Commission also considered the extent to which the agreement promoted high levels of job security, flexible work arrangements, and skills development.

In assessing the application, the Commission evaluated the negotiation process, the fairness of the terms, and the compliance with legislative provisions. It was noted that the agreement contained provisions for minimum rates of pay and conditions that aligned with or exceeded the applicable award provisions. The Commission was satisfied that the agreement contained necessary provisions for the efficient operation of the business and provided for mechanisms to manage workplace relations harmoniously. The Commission concluded that the agreement was fair and balanced, and met the criteria for approval under the Fair Work Act.

The Commission approved the South Coast Collective Agreement 2014-2016, effective from the date of the approval decision. This decision was made on the basis that the agreement was fair and balanced, provided for minimum rates of pay and conditions, and contained provisions that were necessary or desirable to facilitate the efficient operation of the business and the harmonious management of workplace relations.

Heyday 5 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established