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

[2014] FWCA 1667

[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

<Price code G, AE407217  PR548533>