D.W. Barnes Enterprises Pty Ltd
[2023] FWCA 1749
•16 JUNE 2023
| [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
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