Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy

[2021] FWCA 6343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy
(AG2021/7625)

ENDEAVOUR ENERGY ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Endeavour Energy Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Endeavour Energy Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy. The Agreement is a single enterprise agreement.

[2] 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Endeavour Energy Network Management Pty Ltd trading as Endeavour Energy, for the approval of the Endeavour Energy Enterprise Agreement 2021. The applicant sought to have the agreement approved by the Fair Work Commission, in accordance with section 231 of the Fair Work Act 2009. The application was brought due to a dispute between the applicant and the Electrical Trades Union of Australia (ETUA), which represented some of the applicant’s employees.

The primary legal issue before the court was whether the proposed agreement was in the interests of the employees, and whether it was fair and reasonable. The ETUA argued that the agreement was not fair and reasonable, and that it did not meet the requirements of section 231 of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, and that it met all the necessary requirements.

The court found that the proposed agreement was fair and reasonable, and met all the necessary requirements of the Fair Work Act. The court found that the agreement provided for adequate pay and conditions for the employees, and that it was in their best interests. The court also found that the agreement provided for appropriate dispute resolution mechanisms, and that it met the requirements of section 231 of the Fair Work Act. The application was therefore approved.

The court approved the Endeavour Energy Enterprise Agreement 2021, and directed the Fair Work Commission to do likewise. The agreement is now in effect, and binds the parties from the date of the court’s decision. The ETUA’s objections to the agreement were therefore dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established