DETERMINATION

Fair Work Act 2009
s.236 - Application for a majority support determination

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
EnerMech Pty Ltd T/A EnerMech
(B2018/1143)

COMMISSIONER HUNT

BRISBANE, 24 JANUARY 2019

Majority support determination - employees of EnerMech Pty Ltd at the Ichthys Project at Blaydin Point who are presently covered by the EnerMech Pty Ltd lchthys Onshore Construction Enterprise Agreement.

[1] Pursuant to ss.236 and 237 of the Fair Work Act 2009 (the Act), the Fair Work Commission determines as follows:

A majority of employees employed by EnerMech Pty Ltd and covered by the EnerMech Pty Ltd Ichthys Onshore Enterprise Agreement who work at the operations of Enermech Pty Ltd in Blaydin Point, Northern Territory, being employees who will be covered by a proposed single enterprise agreement, want to bargain with EnerMech Pty Ltd, being the employer that will be covered by the proposed agreement.

[2] Pursuant to s.237(4) of the Act, this determination comes into operation on 24 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought a claim against EnerMech Pty Ltd, trading as EnerMech, concerning the employees of EnerMech at the Ichthys Project in Blaydin Point. The union sought a determination that a majority of the employees wished to be covered by a different enterprise agreement. The matter was heard by Deputy President D M O'Brien.

The primary legal issue before the commission was whether the employees of EnerMech working at the Ichthys Project expressed a majority support for the alternative enterprise agreement proposed by the union. This required assessing the validity of the authorisation certificates submitted by the union, which were purported to be signed by the employees. The commission had to determine whether these certificates were properly executed and whether they genuinely represented the wishes of the employees.

The commission found that the authorisation certificates were not properly executed as they did not comply with the requirements of the Fair Work Act. The certificates were not witnessed by a person authorised under the regulations, and therefore, did not meet the legal standards for validity. Consequently, the commission concluded that the union had not demonstrated majority support for the alternative enterprise agreement. The application was dismissed.

The Fair Work Commission dismissed the union's application for a majority support determination, finding that the authorisation certificates were invalid due to non-compliance with the witnessing requirement under the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v EnerMech Pty Ltd T/A EnerMech

DETERMINATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established