austlii:cth/FWCA/2025/2483
General information, not legal advice.
FWCA
2025-07-25
Original judgment source is linked above.
ENDACOM PTY LTD AND AWU SNOWY HYDRO 2.0 PROJECT AGREEMENT 2024 - 2025
Application for approval of the Endacom Pty Ltd and AWU Snowy Hydro 2.0 Project Agreement 2024 - 2025
[1] An application has been made for approval of an enterprise agreement known as the Endacom Pty Ltd and AWU Snowy Hydro 2.0 Project Agreement 2024 - 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Endacom Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
[6] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 July 2025.

Printed by authority of the Commonwealth Government Printer

