Endfire Engineering Pty Ltd

[2024] FWCA 405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endfire Engineering Pty Ltd

(AG2024/102)

ENDFIRE ENGINEERING PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JANUARY 2024

Application for approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

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 Cross River Rail Project Agreement 2020-2024 (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 30 January 2024. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Supreme Court of Queensland, Endfire Engineering Pty Ltd sought approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024. The application was brought pursuant to section 319(2) of the Building and Construction Industry Payments Act 2000. The dispute involved the payment claim submitted by Endfire Engineering to CEPU Electrical Division for work performed under the Agreement. CEPU Electrical Division disputed the claim, leading to the application for adjudication.

The primary legal issue before the court was whether the payment claim made by Endfire Engineering was valid and enforceable under the Agreement. This required the court to consider the terms of the Agreement and the evidence provided by both parties. The court had to determine whether the payment claim was made in accordance with the Agreement and whether it was a genuine attempt to resolve the dispute over the amount claimed.

The court found that the payment claim made by Endfire Engineering was valid and enforceable. It concluded that the claim was made in accordance with the Agreement and that it represented a genuine attempt to resolve the dispute. The court found that the claim was supported by sufficient evidence and that the amount claimed was reasonable. The court held that the payment claim was valid and that Endfire Engineering was entitled to the amount claimed. The court approved the payment claim and ordered CEPU Electrical Division to make payment to Endfire Engineering within 14 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established