Endfire Engineering Pty Ltd

[2025] FWCA 2427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endfire Engineering Pty Ltd

(AG2025/2299)

ENDFIRE ENGINEERING PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2025

Application for approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Endfire Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 23 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Endfire Engineering Pty Ltd applied for approval of a proposed enterprise agreement for employees of the CEPU Electrical Division Queensland Cross River Rail Project. The applicant sought to enter into a new enterprise agreement, which would commence on 1 July 2025 and expire on 30 June 2027. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement contained the necessary provisions to be considered a low-paid industry agreement, and whether it complied with the procedural requirements of the Fair Work Act. The applicant argued that the agreement met the criteria for a low-paid industry agreement and was procedurally sound. The Commission had to assess whether the agreement contained the required minimum terms and conditions, and if the bargaining process was genuine and in good faith.

The Commission found that the proposed agreement contained the necessary provisions to qualify as a low-paid industry agreement. It met the criteria for minimum terms and conditions, including rates of pay, leave entitlements, and other employment conditions. The Commission also determined that the bargaining process was genuine and in good faith, as the parties had engaged in meaningful negotiations and the agreement reflected the outcome of those negotiations. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Commission's final orders were that the proposed agreement be approved, with modifications to certain provisions to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's definition of "low-paid employee" to align with the relevant legislation, and the inclusion of additional provisions to address issues such as termination of employment and dispute resolution. The approved agreement will now apply to the employees of the CEPU Electrical Division Queensland Cross River Rail Project from 1 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established