Heyday 5 Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

Heyday 5 Pty Ltd, an applicant, sought approval for a collective agreement governing its employees for the period 2012-2016. The respondents, who included various employee groups, contested the proposed agreement, leading to a hearing in the Fair Work Commission. The primary legal issues centered on whether the collective agreement was fair and reasonable and if it complied with the relevant statutory provisions under the Fair Work Act 2009.

The Fair Work Commission examined the fairness and reasonableness of the proposed agreement, taking into account the views of the employees, the terms of the agreement, and any relevant public interest considerations. The Commission also evaluated whether the agreement complied with the statutory requirements, including whether it adhered to the provisions of the Fair Work Act. The Commission found that the agreement, while largely fair and reasonable, contained certain terms that did not comply with the Act. These non-compliant terms were deemed unfair and were subsequently modified.

Following the review, the Commission approved the collective agreement with modifications to the non-compliant terms. The approved agreement was deemed fair and reasonable and met the statutory requirements. The decision highlighted the importance of ensuring that collective agreements align with the legislative framework and adequately protect the rights and interests of both employers and employees.

The Fair Work Commission ordered that the Heyday 5 (ACT) Pty Ltd Collective Agreement 2012-2016 be approved with the modifications made to the non-compliant terms. This decision underscores the Commission's role in ensuring that collective agreements are fair and reasonable and comply with the statutory provisions.

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