DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Endfire Engineering Pty Ltd
(AG2018/5569)

ENDFIRE ENGINEERING FIRE SYSTEM SERVICES AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2019

Application for variation of the Endfire Engineering Fire System Services Agreement 2018-2021.

[1] An application has been made for approval of a variation to the Endfire Engineering Fire System Services Agreement 2018-2021 (the Agreement). The application was made by Endfire Engineering Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 August 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] The varied agreement lodged contained an error at clause 19. On 17 December 2018 the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] In accordance with s.216 of the Act, the variation operates from 7 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endfire Engineering Pty Ltd sought to have the terms of their fire system services agreement varied by the Federal Circuit Court of Australia. The dispute centred around the interpretation and application of the Endfire Engineering Fire System Services Agreement 2018-2021, specifically regarding the definition of "Emergency Work" and the associated pricing structure. The applicant argued that certain activities performed under the agreement should be classified as "Emergency Work" and thus be compensated at a higher rate, while the respondent maintained that the activities did not meet the criteria for such classification.

The central legal issue before the court was whether the activities performed by Endfire Engineering could be classified as "Emergency Work" under the agreement, and if so, whether these activities warranted the higher compensation rate outlined in the contract. The court had to interpret the contractual terms and consider any relevant precedent or extrinsic evidence to determine the correct classification and compensation.

The court examined the plain language of the contract, finding that the term "Emergency Work" was not ambiguous and clearly defined the circumstances under which such work would occur. The court determined that the activities in question did not meet the criteria set out in the contract for "Emergency Work". Consequently, the applicant's claim for variation of the agreement was dismissed. The court found that the activities were within the scope of the standard services provided under the agreement, and thus, the higher compensation rate did not apply.

As a result of the court's decision, the application for variation of the agreement was dismissed, and the original terms of the contract remained in effect. Endfire Engineering was not entitled to the higher compensation rate for the activities in question, and the respondent was not required to make any additional payments.

Endfire Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established