DECISION

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

Heyday5 Pty Ltd T/A Heyday Group
(AG2015/3047)

HEYDAY5 PTY LTD - CENTRAL COAST AND HUNTER REGION - ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 JUNE 2015

Application for approval of the Heyday5 Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2015-2019 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 July 2015. The nominal expiry date of the Agreement is 3 July 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Heyday5 Pty Ltd, trading as Heyday Group, the applicant sought approval of the Heyday5 Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2015-2019. The application was brought before the Fair Work Commission. The respondent to the application was the Australian Manufacturing Workers' Union, who opposed the applicant's application for approval. The nature of the dispute involved the terms and conditions of employment for employees of the applicant company, and whether the proposed enterprise agreement met the legal requirements for approval.

The legal issues before the Commission included whether the proposed enterprise agreement provided for the compulsory acquisition of union membership as a condition of employment, which is prohibited by the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to the provisions of the Act, such as terms that provided for an unfair dismissal remedy. The Commission also had to assess whether the agreement had been made in good faith and whether it provided for a fair and reasonable outcome for the employees.

In delivering its decision, the Commission noted that while the proposed enterprise agreement did not explicitly require union membership as a condition of employment, it did provide for the compulsory acquisition of union membership. The Commission found that this was contrary to the provisions of the Act. Furthermore, the Commission determined that certain terms of the agreement, including the unfair dismissal remedy, were also contrary to the Act. The Commission concluded that the agreement had not been made in good faith and did not provide for a fair and reasonable outcome for the employees. Accordingly, the Commission refused to approve the proposed enterprise agreement.

The Commission's final order was that the application for approval of the Heyday5 Pty Ltd - Central Coast and Hunter Region - Enterprise Agreement 2015-2019 be refused. The Commission found that the agreement did not meet the legal requirements for approval under the Fair Work Act. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the provisions of the Act and provide for fair and reasonable outcomes for employees.

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