Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of AustraliavDonnybrook Holdings Pty Ltd T/A TES Electrical

The matter before the Fair Work Commission (FWC) was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to have its majority support determination recognised. Donnybrook Holdings Pty Ltd T/A TES Electrical (the Employer) opposed the application. The Union sought to have its majority support determination recognised under section 392 of the Fair Work Act 2009 (Cth). The Union argued that it had the support of a majority of employees within the relevant bargaining group and therefore qualified to be recognised as a bargaining representative. The Employer opposed the application on the grounds that the Union did not have the support of a majority of the employees within the relevant bargaining group. The FWC was required to determine whether the Union had the support of a majority of employees within the relevant bargaining group. In reaching its decision, the FWC considered the evidence presented by both parties and the applicable legal principles. The FWC found that the Union did have the support of a majority of employees within the relevant bargaining group and therefore recognised the Union as a bargaining representative. The FWC accepted the Union’s evidence that it had the support of a majority of employees within the relevant bargaining group. The FWC rejected the Employer’s arguments to the contrary and found that the Union had established its case on the balance of probabilities. The FWC recognised the Union as a bargaining representative for the relevant employees. The FWC made an order recognising the Union as a bargaining representative for the relevant employees.