Heyday5 Pty Ltd

[2013] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Heyday5 Pty Ltd
(AG2013/6179)

HEYDAY5 PTY LTD ENTERPRISE AGREEMENT - WOLLONGONG REGION 2013-2014

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 14 MAY 2013

Application for approval of the Heyday5 Pty Ltd Enterprise Agreement - Wollongong Region 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd Enterprise Agreement - Wollongong Region 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers the employer’s electrical contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 21 May 2013. The nominal expiry date of the Agreement is 21 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Heyday5 Pty Ltd, applied for the Fair Work Commission's approval of the Heyday5 Pty Ltd Enterprise Agreement - Wollongong Region 2013-2014. The application was made under section 233 of the Fair Work Act 2009, and the respondent, represented by the Department of Employment, opposed the application. The primary issue before the court was whether the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms set out in Schedule 2 of the Act, and if the agreement was made in good faith and covered a relevant bargaining group.

The court examined the provisions of the agreement and found that it included all the mandatory terms as required by the Fair Work Act 2009. The court further found that the agreement was made in good faith, as evidenced by the negotiations and consultation between the parties. The court also determined that the agreement covered a relevant bargaining group, as it was applicable to employees working in the Wollongong Region for Heyday5 Pty Ltd. After considering the evidence and arguments presented by both parties, the court approved the Heyday5 Pty Ltd Enterprise Agreement - Wollongong Region 2013-2014.

The court's decision was based on the evidence and arguments presented by both parties, and the court found that the agreement met all the requirements for approval under the Fair Work Act 2009. The court also noted the importance of enterprise agreements in facilitating fair and effective bargaining between employers and employees, and the role of the Fair Work Commission in approving such agreements. The final orders of the court were that the Heyday5 Pty Ltd Enterprise Agreement - Wollongong Region 2013-2014 be approved under section 233 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established