DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday5 Pty Ltd
(AG2015/2580)

HEYDAY5 PTY LTD UNION ENTERPRISE AGREEMENT - SYDNEY CONSTRUCTION 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 17 JUNE 2015

Application for approval of the Heyday5 Pty Ltd Union Enterprise Agreement - Sydney Construction 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd Union Enterprise Agreement - Sydney Construction 2015-2019 (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 (the Applicant).

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 June 2015 and, in accordance with s.54, will operate from 24 June 2015. The nominal expiry date of the Agreement is 17 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Heyday5 Pty Ltd, an employer, and an application for the approval of a Union Enterprise Agreement with its employees. The application was heard in the Fair Work Commission, a federal workplace relations tribunal. The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement and whether they complied with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement provided for a fair and reasonable set of terms for the employees, in line with the objectives of the Fair Work Act 2009. The Commission had to consider whether the agreement complied with the requirements for good faith bargaining and whether it contained provisions that were fair and reasonable. The Commission also needed to ensure that the agreement did not undermine the minimum standards set by the National Employment Standards or any applicable awards.

The Fair Work Commission examined the proposed agreement in detail, considering the bargaining positions of both parties and the economic context in which the agreement was negotiated. The Commission found that the agreement was the product of good faith bargaining and contained terms and conditions that were fair and reasonable for the employees. The Commission approved the agreement, noting that it met the legislative requirements and would not undermine the minimum standards of employment. The approval of the agreement allowed the parties to proceed with the implementation of its terms and conditions.

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