Heyday5 Pty Ltd T/A Heyday Group

Case

[2023] FWCA 2073

6 JULY 2023


[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

  1. 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.

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

  1. 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.

  1. 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.

  1. 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

<AE520665  PR763988>

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