the Applicant v Endacom Pty Ltd
What happened
the Applicant commenced employment with Endacom Pty Ltd as a project engineer. Endacom challenged the jurisdiction of the Fair Work Commission, arguing the Applicant was not covered by a modern award or enterprise agreement. The Commission had to determine whether the Applicant was covered by a relevant instrument.
What was decided
The Fair Work Commission dismissed Endacom’s jurisdictional objection. Commissioner Crawford found the Applicant was covered by a modern award. The Commission did not elaborate on the specific award or the reasoning behind the finding, beyond stating it was covered.
What it means for employers
Employers should carefully consider which modern awards or enterprise agreements apply to their employees' roles. Incorrectly determining applicable instruments can impact obligations and potentially lead to jurisdictional challenges.
What it means for employees
Employees should be aware of the modern awards or enterprise agreements that may cover their employment and the entitlements they provide. If unsure, seek advice to confirm applicable instruments.
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