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
Downer EDI Works Pty Ltd
(B2018/1142)

COMMISSIONER HUNT

BRISBANE, 24 JANUARY 2019

Majority support determination - employees of Downer EDI Works Pty Ltd at the Ichthys Project at Blaydin Point who are presently covered by the Downer EDI Works 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 Downer EDI Works Pty Ltd and covered by the Downer EDI Works Pty Ltd lchthys Onshore Construction Enterprise Agreement who work at the operations of Downer EDI Works Pty Ltd in Blaydin Point, Northern Territory, being employees who will be covered by a proposed single enterprise agreement, want to bargain with Downer EDI Works 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was asked to consider a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEAL) and Downer EDI Works Pty Ltd, specifically regarding the employees of Downer EDI Works Pty Ltd who were working on the Ichthys Project at Blaydin Point. These employees were covered by the Downer EDI Works Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The union sought a determination that it had majority support to represent the employees for the purposes of collective bargaining under the Fair Work Act 2009. The union argued that it had sufficient evidence to demonstrate that it had the support of a majority of the employees. Downer EDI Works Pty Ltd contested this claim, asserting that the union had not met the required threshold to prove majority support.

The primary legal issue before the court was whether the union had demonstrated that it had the support of a majority of the employees, as required under section 393 of the Fair Work Act 2009. The court needed to assess the evidence presented by the union and determine whether it was sufficient to establish that the union had majority support. This involved examining the documentation and any other evidence provided by the union and considering the arguments presented by Downer EDI Works Pty Ltd.

The court examined the evidence submitted by the union and found it to be sufficient to demonstrate that the union had the support of a majority of the employees. The union had provided signed authorisation forms and other supporting documents which, when considered together, met the legal requirements for establishing majority support. The court concluded that the union had indeed demonstrated majority support among the employees. Consequently, the court determined in favour of the union, finding that it had the necessary majority support to represent the employees for collective bargaining purposes under the Fair Work Act 2009.

The court ordered that the union was recognised as the relevant bargaining agent for the employees covered by the Downer EDI Works Pty Ltd Ichthys Onshore Construction Enterprise Agreement. This decision meant that the union was entitled to engage in collective bargaining on behalf of these employees. The court's determination was final, and no further appeals were permitted on this matter.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of AustraliavDowner EDI Works Pty Ltd

DETERMINATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established