DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday 5 Pty Ltd
(AG2017/2095)

HEYDAY 5 (ACT) PTY LTD COLLECTIVE AGREEMENT 2016-2020

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 14 AUGUST 2017

Application for approval of the Heyday 5 (ACT) Pty Ltd Collective Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Heyday 5 (ACT) Pty Ltd Collective Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heyday 5 Pty Ltd T/As Heyday Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2017. The nominal expiry date of the Agreement is 5 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Heyday 5 Pty Ltd concerns an application for the approval of the Heyday 5 (ACT) Pty Ltd Collective Agreement 2016-2020. The application was made by the Australian Council of Trade Unions and the Fair Work Commission was the decision maker. The applicant unions sought approval of the agreement which was negotiated between Heyday 5 and the unions. The employer opposed the application on various grounds.

The main legal issue the court had to address was whether the agreement complied with the requirements of the Fair Work Act 2009. The employer argued that the agreement did not meet the criteria for good faith bargaining and contained provisions that were not in the best interests of the employees. The unions contended that the agreement was a product of genuine negotiations and was fair and reasonable. The court had to determine if the agreement was a genuine and effective agreement that provided for the terms and conditions of employment of the employees.

The court considered the evidence and submissions from both parties. It found that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The court was satisfied that the agreement met the statutory requirements for approval. The employer's concerns about certain provisions were not sufficient to deny approval. The court approved the agreement, finding that it was a genuine and effective agreement that provided for the terms and conditions of employment of the employees.

The Fair Work Commission approved the Heyday 5 (ACT) Pty Ltd Collective Agreement 2016-2020. The court found that the agreement was a genuine and effective agreement that provided for the terms and conditions of employment of the employees. The employer's concerns about certain provisions were not sufficient to deny approval. The court's decision was based on the evidence and submissions from both parties and the statutory requirements for approval. The agreement was approved and will now apply to the employees covered by the agreement.

Heyday 5 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established