Heyday 5 Pty Ltd

[2013] FWCA 7742

[2013] FWCA 7742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday 5 Pty Ltd
(AG2013/9538)

HEYDAY 5 (ACT) PTY LTD COLLECTIVE AGREEMENT 2012-2016

Electrical contracting industry
COMMISSIONER DEEGAN	CANBERRA, 4 OCTOBER 2013

Application for approval of the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Heyday 5 Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns the definition of a ‘shift worker’. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 5 December 2016.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE404568  PR542857>

ANNEXURE A