DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endacom Pty Ltd
(AG2018/5730)

ENDACOM PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 20 NOVEMBER 2018

Application for approval of the Endacom Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Endacom Pty Ltd Enterprise Agreement 2018 (“the Agreement”). The application was made by Endacom Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] Further to matters addressed in proceedings on 16 November 2018, I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the applicant addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be a term of the Agreement.

[3] The Australian Workers’ Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Endacom Pty Ltd applied for approval of the Endacom Pty Ltd Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for employees of Endacom, and the company sought to have the agreement recognised under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented some of the employees.

The legal issues before the Commission were whether the agreement was genuinely negotiated, if it met the requirements for approval under the Fair Work Act, and if it provided for the proper operation of the enterprise. Specifically, the Commission had to determine if the agreement was made in good faith, if it covered all necessary matters, and if it was free from any invalid provisions. The CFMEU argued that the agreement did not adequately represent the interests of the employees and contained terms that were not fairly negotiated.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission considered evidence of the negotiation process, including the conduct of the parties and the terms of the agreement. It was satisfied that the agreement was made in good faith and covered all necessary matters. The Commission also found that the agreement did not contain any invalid provisions and provided for the proper operation of the enterprise. The Commission approved the agreement, noting the importance of the process and the outcome for the employees and the company.

The final orders of the Commission were that the Endacom Pty Ltd Enterprise Agreement 2018 be approved, and that it be registered with the Fair Work Commission. The agreement would now be a legally binding document for the employees and the company, setting out their rights and obligations under the terms of the enterprise.

Endacom 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