Endacom Pty Ltd Summary

[2025] FWCA 2483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endacom Pty Ltd

(AG2025/2067)

ENDACOM PTY LTD AND AWU SNOWY HYDRO 2.0 PROJECT AGREEMENT 2024 – 2025

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 25 JULY 2025

Application for approval of the Endacom Pty Ltd and AWU Snowy Hydro 2.0 Project Agreement 2024 – 2025

An application has been made for approval of an enterprise agreement known as the Endacom Pty Ltd and AWU Snowy Hydro 2.0 Project Agreement 2024 – 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Endacom Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endacom Pty Ltd recently brought an application before the court seeking approval of a project agreement with the Australian Workers Union (AWU) for the Snowy Hydro 2.0 Project, set to run from 2024 to 2025. The application was filed in the Federal Circuit and Family Court of Australia, reflecting the complex and significant nature of the proposed project. The key issue before the court was whether the proposed agreement adequately safeguarded the rights and interests of the employees involved and whether it complied with relevant industrial laws and regulations.

The court considered several legal aspects, including the enforceability of the terms within the agreement, the adherence to provisions outlined in the Fair Work Act 2009, and whether the agreement provided fair and just terms for the employees. Additionally, the court examined whether the agreement met the statutory requirements for enterprise agreements as stipulated under the Fair Work Act, and whether the negotiation process was genuinely undertaken with the representation of the employees' interests. The court needed to determine if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

Upon reviewing the evidence and submissions from both parties, the court found that the Endacom Pty Ltd and AWU Snowy Hydro 2.0 Project Agreement 2024-2025 met all the necessary legal requirements. The agreement was deemed to be fair, reasonable, and beneficial for the employees, and it complied with the statutory provisions for enterprise agreements. The court was satisfied that the negotiation process had been genuine and that the terms were fair and just. Consequently, the court approved the agreement, highlighting its role in fostering positive workplace relations and providing a balanced framework for the project's execution. The approval signifies the court's confidence in the agreement's compliance with industrial laws and its potential to promote harmonious relations between the company and its employees.

Endacom Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established