DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday5 Pty Ltd
(AG2019/3721)

HEYDAY5 PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Heyday5 Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heyday5 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 10 October 2019 and, in accordance with s.54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Heyday5 Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Heyday5 Pty Ltd and ETU Sydney Construction Enterprise Agreement 2019. The primary parties involved in this dispute were Heyday5 Pty Ltd, an employer in the construction industry, and the Electrical Trade Union (ETU) Sydney, representing the employees. The dispute centred on whether the proposed enterprise agreement adequately met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were twofold: firstly, whether the agreement contained the necessary safety net protections as stipulated by the Fair Work Act, and secondly, whether it was in the best interests of the employees as a whole. The Commission had to scrutinise the terms of the agreement to ensure they provided fair wages and conditions, and that they were negotiated in good faith. It also needed to verify that the agreement would not undermine the minimum standards set by the safety net.

Upon reviewing the terms of the agreement, the Commission found that it contained all the required safety net provisions, including minimum wages, penalty rates, and leave entitlements. The Commission further determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms that went beyond the minimum requirements. The employer and union had demonstrated good faith in their negotiations, and the agreement was seen as beneficial to the employees, offering enhanced conditions and protections. Consequently, the Commission approved the Heyday5 Pty Ltd and ETU Sydney Construction Enterprise Agreement 2019.

Heyday5 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