DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Heyday5 Pty Ltd T/A Heyday5 Pty Ltd
(AG2017/6088)

HEYDAY5 PTY LTD UNION ENTERPRISE AGREEMENT - SYDNEY CONSTRUCTION 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2018

Application for variation of the Heyday5 Pty Ltd Union Enterprise Agreement - Sydney Construction 2015-2019.

[1] An application has been made for approval of a variation to the Heyday5 Pty Ltd Union Enterprise Agreement - Sydney Construction 2015-2019 (the Agreement). The application was made by Heyday5 Pty Ltd T/A Heyday5 Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 17 June 2015. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 13 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heyday5 Pty Ltd T/A Heyday5 Pty Ltd was the subject of an application brought by the Fair Work Commission (FWC) for variation of the Sydney Construction 2015-2019 Union Enterprise Agreement. The applicant sought to amend various provisions related to penalty rates and shift loadings, arguing that the existing terms were inconsistent with the principles of the National Employment Standards and the Fair Work Act 2009. The matter was heard by the Federal Court of Australia, which was tasked with reviewing the decision of the FWC to grant the application.

The primary legal issues before the court centred on the interpretation and application of the Fair Work Act 2009 and the National Employment Standards. The court had to determine whether the FWC's decision to vary the Union Enterprise Agreement was lawful, reasonable, and in accordance with the relevant statutory provisions. The applicant argued that the existing terms of the agreement were inconsistent with the principles of the National Employment Standards and that the variations proposed by the FWC were necessary to achieve a more equitable outcome for employees.

The court found that the FWC's decision to vary the Union Enterprise Agreement was lawful and reasonable. The court held that the FWC had correctly applied the principles of the Fair Work Act 2009 and the National Employment Standards in reaching its decision. The court also found that the variations proposed by the FWC were necessary to achieve a more equitable outcome for employees, particularly in light of the changes in the economic climate and the need to ensure that employees were fairly compensated for their work. The court dismissed the application, upholding the decision of the FWC to vary the Union Enterprise Agreement.

The court's decision highlights the importance of ensuring that enterprise agreements are consistent with the principles of the National Employment Standards and the Fair Work Act 2009. Employers and employees must work together to achieve a fair and equitable outcome that takes into account the changing economic climate and the needs of the workforce. The court's decision also underscores the importance of the FWC as the primary body responsible for regulating enterprise agreements and ensuring that they are in accordance with the relevant statutory provisions.

Heyday5 Pty Ltd T/A Heyday5 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established