D W Barnes Enterprises Pty Ltd T/A DMB Engineering

[2019] FWCA 1444

[2019] FWCA 1444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D W Barnes Enterprises Pty Ltd T/A DMB Engineering
(AG2019/330)

DMB ENGINEERING NORTHCONNEX PROJECT / CEPU SYSTEMS FITOUT AND COMMISSIONING GREENFIELDS AGREEMENT 2019-2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2019

Application for approval of the DMB Engineering NorthConnex Project / CEPU Systems Fitout and Commissioning Greenfields Agreement 2019-2020.

[1] An application has been made for approval of a greenfields agreement known as the DMB Engineering NorthConnex Project / CEPU Systems Fitout and Commissioning Greenfields Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by D W Barnes Enterprises Pty Ltd T/A DMB Engineering. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to clauses 6 and 13.1 of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Annexure A.

[4] Based on the statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 6 March 2019 and, in accordance with s.54, will operate from 13 March 2019. The nominal expiry date of the Agreement is 5 March 2021.

DEPUTY PRESIDENT

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Annexure A