Endacom Pty Ltd Summary

[2022] FWCA 3972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endacom Pty Ltd

(AG2022/4537)

Endacom Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 11 NOVEMBER 2022

Application for approval of the Endacom Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Endacom Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endacom Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that the provisions of clause 8.4(b) of the Agreement relating to notice of termination is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2022. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endacom Pty Ltd is a company that has made an application for approval of its enterprise agreement with its employees. The application was made to the Fair Work Commission. The nature of the dispute is whether the enterprise agreement meets the requirements of the Fair Work Act 2009. The legal issues that the court was required to decide were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, and whether it was appropriately negotiated. The court found that the enterprise agreement met the requirements of the Fair Work Act 2009, and that it was appropriately negotiated. The court noted that the agreement contained provisions that were consistent with the objectives of the Act, including provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The court also found that the agreement was the product of genuine negotiations between the parties, and that it was not imposed on the employees. As a result, the court approved the enterprise agreement, and it will now be binding on the employees and the employer. The orders of the court are that the Endacom Pty Ltd Enterprise Agreement 2022 be approved, and that it be registered with the Fair Work Commission.

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