| [2022] FWC 1480 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.236—Majority support determination
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2022/344)
| COMMISSIONER WILLIAMS | PERTH, 10 JUNE 2022 |
Application for a majority support determination
On 21 April 2022 the Electrical Trades Union of Australia (ETU), a division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) made an application to the Fair Work Commission (the Commission) for a majority support determination pursuant to s. 236 of the Fair Work Act 2009 (Cth) (the Act) (the Application). The Application sought a determination in respect of employees employed by S&DH Enterprises Pty Ltd T/A K.J. Johnson & Co Pty Ltd who are covered by the S&DH Enterprises Pty Ltd Agreement.
On 16 May 2022, at a conference of the parties, the Commission advised it proposed comparing the ETU’s petitions signed by employees to a list of relevant employees provided by the employer for the purpose of enabling the Commission to determine whether or not a majority of the relevant employees wanted to bargain for an enterprise agreement with the employer. Both parties agreed to this approach.
The ETU provided the Commission with a number of individually signed petitions which each indicates the employee wants to bargain for an enterprise agreement with the employer.
The employer provided the Commission with a list of names of all the relevant employees, the classifications and other identifying information.
The Commission has carefully examined the petitions provided by the ETU and cross-checked the signatories against the list of relevant employees provided by the employer.
As a result of the comparison, I am satisfied there is a majority of relevant employees who have signed the petitions.
In the circumstances, s. 237(2)(a) of the Act has been met and the application will be granted.
A determination [PR742554] to that effect will now be issued.
Printed by authority of the Commonwealth Government Printer
<PR742553>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWC 1480
- Case
- [2022] FWC 1480
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included whether the union had collected the requisite number of signed authorisation forms from employees within the bargaining area, and whether these forms were valid and met the statutory requirements. The union argued that it had the necessary majority support, while the respondents contested the validity and sufficiency of the authorisation forms provided. The FWC had to examine the forms, the process by which they were collected, and whether they complied with the relevant provisions of the Fair Work Act.
After thorough examination, the FWC concluded that the union did not have the requisite majority support as the authorisation forms were insufficient in number and did not comply with the legal requirements. The FWC found several irregularities and procedural errors in the collection process, which undermined the validity of the forms. Consequently, the application for a majority support determination was dismissed. The FWC emphasised the importance of strict adherence to the statutory requirements in such applications.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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