Heyday5 (ACT) Pty Ltd Summary

[2025] FWCA 2355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heyday5 (ACT) Pty Ltd

(AG2025/2170)

HEYDAY5 ACT PTY LTD COLLECTIVE AGREEMENT 2024-2027

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 17 JULY 2025

Application for approval of the HEYDAY5 ACT PTY LTD Collective Agreement 2024-2027

Heyday5 (ACT) Pty Ltd has applied for approval of a single enterprise agreement known as the HEYDAY5 ACT PTY LTD Collective Agreement 2024-2027 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 24 July 2025. The nominal expiry date of the Agreement is 31 March 2027.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Heyday5 (ACT) Pty Ltd applied for approval of its proposed collective agreement for the years 2024-2027. The applicant, a business operating in the ACT, sought to enter into a collective agreement with its employees represented by the Australian Services Union. The nature of the dispute was whether the proposed terms and conditions in the agreement complied with relevant industrial laws and regulations.

The primary legal issues revolved around the enforceability and fairness of the proposed terms, particularly those relating to wages, conditions, and dispute resolution mechanisms. The Commission needed to ensure that the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum pay rates, penalty rates, and other employment conditions. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of the employer and the employees, providing for a fair and just resolution of any future disputes.

The Commission found that the proposed agreement contained terms that were generally consistent with the statutory minimum standards and provided for a fair and reasonable resolution of employment disputes. The applicant had demonstrated a commitment to ensuring that the agreement reflected the needs and rights of both parties. The Commission approved the collective agreement, subject to the minor amendments necessary to ensure compliance with relevant industrial laws and regulations. The decision underscored the importance of balancing the interests of employers and employees while adhering to statutory requirements.

Heyday5 (ACT) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established