Endfire Engineering Pty Ltd Summary

[2022] FWCA 1753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endfire Engineering Pty Ltd

(AG2022/1622)

Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2022

Application for approval of the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

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 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the copy of the notice of employee representational rights (NERR) provided to employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 27 May 2022 and, in accordance with s 54, will operate from 3 June 2022. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endfire Engineering Pty Ltd, the applicant, sought approval for the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The dispute was heard in the Fair Work Commission, with the Commission required to determine whether the agreement should be approved under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the criteria for approval, including the provision of employee protections and the resolution of any unfair treatment of employees.

The Commission examined the agreement's provisions to ensure they provided employees with fair and reasonable terms and conditions of employment. The applicant argued that the agreement was fair and reasonable, providing appropriate protections for employees, including provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement adequately addressed any concerns about potential unfair treatment of employees. In assessing these issues, the Commission reviewed the agreement's provisions, the submissions made by the parties, and relevant legislation and precedent.

After considering the evidence and submissions, the Commission found that the agreement met the criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate protections for employees, and resolved any concerns about potential unfair treatment of employees. The Commission approved the Endfire Engineering Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, which will now be binding on the parties for 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