DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday5 Pty Ltd T/A Heyday Group
(AG2021/6424)

HEYDAY 5 (ACT) PTY LTD COLLECTIVE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 11 AUGUST 2021

Application for approval of the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2020-2024 (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 T/A Heyday Group (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Electrical Trades 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 5 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Heyday5 Pty Ltd T/A Heyday Group applied for approval of the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2020-2024. The applicant is a company operating in the aged care sector in the Australian Capital Territory. The application was made under the Fair Work Act 2009 (Cth) which seeks to balance the rights of employers and employees while promoting economic prosperity. The primary dispute was whether the proposed agreement met the criteria for approval as a protected action immunity agreement, ensuring that the agreement does not unfairly disadvantage employees.

The court was required to determine if the agreement provided for terms and conditions of employment that were fair and reasonable. This involved examining whether the agreement met the procedural requirements under the Fair Work Act, including whether the agreement had been fairly negotiated and if it complied with the provisions for protected action immunity. The court also had to consider if the agreement adequately protected employees' rights and interests, including whether it provided for minimum wages and conditions, and if it contained appropriate dispute resolution mechanisms.

The court found that the proposed agreement was fair and reasonable, and it complied with the requirements of the Fair Work Act. The agreement had been fairly negotiated and met the procedural requirements for protected action immunity. The court was satisfied that the agreement provided for minimum wages and conditions and included appropriate dispute resolution mechanisms. Consequently, the court approved the application for the agreement to be registered.

The final orders of the court were that the HEYDAY 5 (ACT) PTY LTD Collective Agreement 2020-2024 be approved and registered under section 234 of the Fair Work Act. This decision ensures that the agreement will be legally binding on the parties and provides a framework for the terms and conditions of employment for the duration of the agreement.

Heyday5 Pty Ltd T/A Heyday Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established