DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyday5 Pty Ltd T/A Heyday Group
(AG2015/2681)

HEYDAY5 PTY LTD UNION ENTERPRISE AGREEMENT - WOLLONGONG REGION 2015-2019.

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Heyday5 Pty Ltd Union Enterprise Agreement - Wollongong Region 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Heyday5 Pty Ltd Union Enterprise Agreement - Wollongong Region 2015-2019 (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 agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 18 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heyday5 Pty Ltd T/A Heyday Group was the subject of an application to the Fair Work Commission for approval of the Union Enterprise Agreement for the Wollongong Region 2015-2019. The applicant, the Heyday Group, sought the Commission's approval of the agreement which was to be made between them and their employees. The dispute centred on the terms and conditions outlined in the agreement, specifically those concerning employee classification, pay rates, and various working conditions.

The central legal issues before the Commission were whether the terms of the agreement were fair and reasonable in all respects and whether they complied with the provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement adequately protected the rights of the employees and provided a fair framework for resolving disputes between the parties. The Commission was also tasked with ensuring that the agreement did not have the potential to undermine the broader principles of industrial fairness and equity.

In its decision, the Commission carefully examined the terms of the agreement, taking into account the evidence provided by both the Heyday Group and the union representatives. The Commission assessed whether the agreement met the statutory requirements for approval, including ensuring that the terms were not less favourable than the applicable minimum standards set out in modern awards. The Commission concluded that, while there were certain aspects that required minor adjustments, the overall agreement was fair and reasonable. The Commission then approved the agreement with some modifications to ensure compliance with the Act and to address specific concerns raised during the hearing.

The final orders included the approval of the Union Enterprise Agreement with certain amendments, ensuring that it met all statutory requirements and provided adequate protection for the employees' rights. The Commission also directed that the modified agreement be notified to all relevant parties and implemented in accordance with the terms set out in the decision.

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