Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Downer EDI Engineering Power Pty Ltd

[2018] FWC 1279

[2018] FWC 1279

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
v
Downer EDI Engineering Power Pty Ltd
(B2017/842)

COMMISSIONER WILLIAMS PERTH, 6 MARCH 2018

Majority support determination - application dismissed.

[1] On 12 September 2017 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a majority support determination pursuant to s.236 of the Fair Work Act 2009 (the Act) in relation to the employees of Downer EDI Engineering Power Pty Ltd (Downer) working on the Wheatstone Project covered by the Downer EDI Engineering Power Pty Ltd Wheatstone Project Agreement 2013 [AE402421].

[2] A hearing was listed for 6 December 2017 with directions requiring both parties to file their respective submissions and evidence.

[3] Prior to the hearing the parties jointly requested the matter be referred to a ballot of the relevant employees by the Australian Electoral Commission (AEC) and subject to those ballot results any outstanding issues regarding the application be dealt with on the papers.

[4] Accordingly the hearing was vacated and the Commission issued Orders [PR598392, PR598393 and PR598535] regarding the conduct of the AEC ballot.

[5] On 9 February 2018 the Commission received the declaration of results from the AEC which revealed that of the 392 employees 105 voted in favour of bargaining with Downer for an enterprise agreement.

[6] Neither party wished to be heard further on this matter.

[7] Accordingly, given the balloted question was answered in the negative by a majority of employees, the Commission will now dismiss this application.

[8] An Order [PR600823] to that effect will be issued in conjunction with this decision.

COMMISSIONER

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