Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2022] FWC 1456

[2022] FWC 1456

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

1. 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.

1. 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.

1. 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.

1. The employer provided the Commission with a list of names of all the relevant employees, the classifications and other identifying information.

1. 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.

1. As a result of the comparison, I am satisfied there is a majority of relevant employees who have signed the petitions.

1. In the circumstances, s. 237(2)(a) of the Act has been met and the application will be granted.

1. A determination [PR742489] to that effect will now be issued.

Printed by authority of the Commonwealth Government Printer

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