Endfire Engineering Pty Ltd Summary

[2024] FWCA 831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endfire Engineering Pty Ltd

(AG2024/487)

ENDFIRE ENGINEERING PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MARCH 2024

Application for approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

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 Enterprise Agreement 2023 – 2026 (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 6 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Endfire Engineering Pty Ltd and CEPU Electrical Division in relation to the approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The parties involved in this case were Endfire Engineering Pty Ltd, an employer, and CEPU Electrical Division, a trade union representing the employees. The dispute centred around whether the terms and conditions set forth in the proposed enterprise agreement were fair and reasonable, and if the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issue that the court had to address was whether the enterprise agreement was compliant with the relevant provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement fairly reflected the terms and conditions of employment, if it contained provisions that were not contrary to public policy, and if it had been genuinely agreed upon by the relevant parties. Furthermore, the court had to consider if the agreement adequately provided for the protection of employees’ rights, as well as if it was consistent with the principles of the Fair Work Act.

In reaching its decision, the court considered the arguments presented by both parties and thoroughly examined the provisions of the proposed enterprise agreement. The court found that the agreement was fair and reasonable, as it provided for adequate terms and conditions of employment and did not contain any provisions that were contrary to public policy. Additionally, the court determined that the agreement had been genuinely agreed upon by the relevant parties, and it was consistent with the principles of the Fair Work Act. Therefore, the court approved the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026.

As a result of the court's decision, the enterprise agreement was approved, and it will now be in effect for the specified period. This agreement will govern the terms and conditions of employment for the employees represented by the CEPU Electrical Division, and it will provide a framework for the relationship between the employer and the employees during the duration of the agreement.

Endfire Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established