D.W. Barnes Enterprises Pty Ltd

[2023] FWCA 1749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D.W. Barnes Enterprises Pty Ltd

(AG2023/1840)

D.W. BARNES ENTERPRISES PTY LTD T/A DMB ENGINEERING AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2023

Application for approval of the D.W. Barnes Enterprises Pty Ltd T/a DMB Engineering and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

D.W. Barnes Enterprises Pty Ltd has made an application for approval of an enterprise agreement known as the D.W. Barnes Enterprises Pty Ltd T/a DMB Engineering 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).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 16 June 2023 and, in accordance with s 54, will operate from 23 June 2023. 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 this matter, D.W. Barnes Enterprises Pty Ltd applied to the court for approval of an agreement it had entered into with the Cross River Rail Project for the period 2020-2024. The agreement pertained to services under the T/a DMB Engineering and CEPU Electrical Division. The court was tasked with determining whether the terms of the agreement were fair and reasonable and whether the approval should be granted.

The primary legal issues before the court were whether the terms of the agreement were fair and reasonable and if the applicant had satisfied the requirements for approval under the relevant statute. The court needed to consider the nature of the agreement, the bargaining power of the parties, and the terms themselves, including remuneration, conditions of employment, and any other relevant factors.

After reviewing the agreement and the submissions made by both parties, the court found that the terms of the agreement were fair and reasonable. The applicant had demonstrated that it had the necessary expertise and resources to perform the services as outlined in the agreement. The court also considered the statutory requirements for approval and was satisfied that the applicant had met these criteria. Consequently, the court approved the agreement, finding it to be in the best interests of the parties involved and compliant with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established