DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D W Barnes Enterprises Pty Ltd T/A DMB Engineering
(AG2017/4188)

D W BARNES ENTERPRISES PTY LTD T/A DMB ENGINEERING QUEENSLAND ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2017

Application for approval of the D W Barnes Enterprises Pty Ltd T/a DMB Engineering Queensland Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the D W Barnes Enterprises Pty Ltd T/a DMB Engineering Queensland Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D W Barnes Enterprises Pty Ltd T/A DMB Engineering. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2017. The nominal expiry date of the Agreement is 23 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the D W Barnes Enterprises Pty Ltd T/A DMB Engineering Queensland Enterprise Agreement 2017-2020. The application was brought before the Fair Work Commission, specifically under section 233 of the Fair Work Act 2009, where the applicant sought to have the proposed enterprise agreement approved as a modern award. The nature of the dispute centred on whether the terms of the agreement were consistent with the relevant legislative requirements and if they provided for appropriate protections for the employees involved.

The central legal issues the Commission needed to decide included whether the proposed agreement met the criteria for being a modern award under the Fair Work Act, specifically whether it provided for a safety net of minimum wages and conditions, and whether it was procedurally sound. The Commission also needed to assess whether the agreement was appropriately certified by an independent certifier and if it complied with the good faith bargaining requirements stipulated by the Act.

In delivering its decision, the Fair Work Commission carefully examined the certification process and the terms of the proposed agreement. It found that the agreement had been appropriately certified by an independent certifier and that it contained provisions that met the statutory requirements for modern awards. The Commission concluded that the agreement provided for a safety net of minimum wages and conditions, and it was consistent with the good faith bargaining provisions of the Act. Consequently, the Commission approved the application and determined that the agreement would be registered as a modern award effective from the date specified in the agreement. The decision was made in the interest of ensuring fair and equitable terms for both the employer and the employees involved.

D W Barnes Enterprises Pty Ltd T/A DMB Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established