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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nilsen (NSW) Pty. Ltd

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nilsen (NSW) Pty. Ltd

Case [2023] FWCFB 130 27 July 2023

Appeal

Jurisdiction

Res Judicata

Employment & Labour Law

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[2023] FWCFB 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.604—Appeal of decision

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

Nilsen (NSW) Pty. Ltd.

(C2023/4319)

VICE PRESIDENT ASBURY

DEPUTY PRESIDENT CLANCY
COMMISSIONER PLATT

BRISBANE, 27 JULY 2023

Appeal against decision [2023] FWC 1769 and order PR764414 of Deputy President Hampton at Adelaide on 21 July 2023 in matter number B2023/725.

Further to the hearing of this appeal held on 26 July 2023 we determine and order that:
(1) Permission to appeal is granted.
(2) The appeal is dismissed.

We will publish our reasons for this decision in due course.

VICE PRESIDENT

Appearances:

P Boncardo of counsel for the appellant.
V Monteleone for the respondent.

Hearing details:

2023.
By video link using Microsoft Teams:
26 July.

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nilsen (NSW) Pty. Ltd [2023] FWCFB 130
Case: [2023] FWCFB 130
Decision Date: 27 JULY 2023

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider an appeal by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) against a decision of a Deputy President. The appeal was against a decision that the Union had brought under the Fair Work Act 2009. The Union sought to challenge the dismissal of its application to be recognised as a bargaining agent for employees of Nilsen (NSW) Pty. Ltd. The dispute centred around the Union's bid to represent the employees of the company, which was contested by the company.

The central legal issues the FWC needed to resolve were whether the appeal had merit and, if so, whether the decision of the Deputy President should be overturned. The Union argued that the Deputy President had erred in law or procedure, and that the decision was not supported by the evidence. The company, on the other hand, contended that the decision was correct and should be upheld.

In its decision, the FWC found that the appeal did not have merit. The Commission held that the Deputy President had correctly applied the law and had not made any errors in procedure. The Commission was satisfied that the decision was supported by the evidence. The Union's arguments were rejected as the Commission found no basis to overturn the decision of the Deputy President. Consequently, the appeal was dismissed.

The FWC's final orders were that permission to appeal was granted, but the appeal was dismissed. The decision of the Deputy President was upheld, and the Union's application to be recognised as a bargaining agent was denied.

Orders