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

[2013] FWCA 8527

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
(AG2013/10935)

D.W. BARNES ENTERPRISES PTY LTD T/A DMB ENGINEERING & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013-2015.

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 28 OCTOBER 2013

Application for approval of the D.W. Barnes Enterprises Pty Ltd T/A DMB Engineering & CEPU Electrical Division Queensland Enterprise Agreement 2013-2015.

[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 & CEPU Electrical Division Queensland Enterprise Agreement 2013-2015 (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 Employer) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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. In particular, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved D. W. Barnes Enterprises Pty Ltd, trading as DMB Engineering, and the Fair Work Commission. The primary dispute centred around the approval of the D.W. Barnes Enterprises Pty Ltd T/A DMB Engineering & CEPU Electrical Division Queensland Enterprise Agreement 2013-2015. The Fair Work Commission was tasked with determining whether the agreement should be approved in accordance with the Fair Work Act 2009. The applicant, DMB Engineering, sought approval for the agreement to ensure that it met the legislative requirements for fair and effective workplace agreements.

The legal issues the court needed to address included whether the agreement provided for the terms and conditions of employment that were fair and portable, whether it allowed for the efficient and productive operation of the enterprise, and whether it complied with the requirements of the Fair Work Act. Key considerations included the provisions related to pay rates, penalty rates, leave entitlements, and the scope of the agreement’s coverage. The court also had to assess whether the agreement was certified by an independent certifier as meeting the 'better off overall test'.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The terms and conditions of employment were considered fair and portable, and the agreement facilitated the efficient operation of the enterprise. The pay rates, penalty rates, and leave entitlements were deemed to be reasonable and in line with industry standards. The commission further confirmed that the agreement was certified as meeting the 'better off overall test', ensuring that the employees were not worse off financially under the new agreement compared to their previous conditions. Consequently, the Fair Work Commission approved the agreement.

In summary, the Fair Work Commission approved the D.W. Barnes Enterprises Pty Ltd T/A DMB Engineering & CEPU Electrical Division Queensland Enterprise Agreement 2013-2015, finding that it met the statutory requirements for fairness, portability, and efficiency. The agreement was certified as meeting the 'better off overall test', and the terms were considered reasonable in the context of the industry.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established