Heyday5 Pty Ltd T/A Heyday Group

[2023] FWCA 2073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Heyday5 Pty Ltd T/A Heyday Group

(AG2023/2069)

HEYDAY5 PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 6 JULY 2023

Application for approval of the Heyday5 Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that clause 16 of the Agreement provides that where the National Employment Standards (NES) provide a more favourable term than the Agreement, then the more favourable NES term is to apply to the extent of any inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heyday5 Pty Ltd, trading as Heyday Group, applied to the Fair Work Commission for approval of an enterprise agreement with the ETU NSW/ACT Construction Union. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements in Australia. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement was free from any prohibited content, as required by section 231 of the Fair Work Act. This included ensuring the agreement did not contain any provisions that were contrary to public policy or were otherwise unlawful. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it complied with the procedural requirements set out in the Act.

The Commission found that the agreement contained no provisions that were contrary to public policy or otherwise unlawful. It was satisfied that the agreement had been made in good faith and that all procedural requirements had been met. The Commission approved the agreement, finding it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between Heyday5 Pty Ltd and the ETU NSW/ACT Construction Union, effective from 1 July 2022 to 30 June 2025. The decision was made in accordance with the statutory framework provided by 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