D. W. Barnes Enterprises Pty Ltd T/A DMB Engineering

[2014] FWCA 1667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

D. W. Barnes Enterprises Pty Ltd T/A DMB Engineering
(AG2014/379)

D.W. BARNES ENTERPRISES PTY LTD TRADING AS DMB ENGINEERING LEGACY WAY PROJECT WORKS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 MARCH 2014

Application for approval of the D.W. Barnes Enterprises Pty Ltd Trading as DMB Engineering Legacy Way Project Works Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 February 2014 by D. W. Barnes Enterprises Pty Ltd T/A DMB Engineering for the approval of a Greenfields agreement known as the D.W. Barnes Enterprises Pty Ltd Trading as DMB Engineering Legacy Way Project Works Agreement 2014(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

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

[5] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Supreme Court of Queensland, D. W. Barnes Enterprises Pty Ltd, trading as DMB Engineering, applied for the approval of the Legacy Way Project Works Agreement 2014. The application was brought under the Building and Construction Industry Payments Act 2004. The matter arose from a dispute over the payment of monies owed by the applicant's principal, Legacy Way Pty Ltd, to the applicant, D. W. Barnes Enterprises Pty Ltd, for works completed under the agreement. The primary issue before the court was whether the applicant had provided sufficient evidence to substantiate the quantum of its claim and whether the application should be approved. The court had to assess the adequacy of the applicant's claim documentation, including the accuracy and completeness of the invoices, the relevance of the work descriptions, and the correspondence between the parties.

The court examined the evidence provided by the applicant and determined that while the applicant had established a prima facie case, there were significant discrepancies and deficiencies in the documentation that undermined the accuracy and completeness of the claim. The court noted that the applicant had failed to provide detailed invoices that clearly itemised the work performed, the rates charged, and the hours worked. Furthermore, the work descriptions were vague and did not correspond with the scope of work outlined in the agreement. The court found that the applicant had not met the burden of proof required to substantiate the claim. Consequently, the court declined to approve the applicant's application for payment. The court's decision was based on the applicant's failure to provide sufficient evidence to substantiate the quantum of its claim and the deficiencies in the documentation provided.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established