Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 2001

DECISION

Fair Work Act 2009

s.236 - Application for a majority support determination

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union" known as the Australian Manufacturing Workers' Union (AMWU)

Pegasus Print Group

(B2016/32)

COMMISSIONER CAMBRIDGE	SYDNEY, 1 APRIL 2016
Application for a majority support determination.

[1] On 3 March 2016, the "Automotive, Food, Metals, Engineering, Printing and Kindred

Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the

AMWU) made an application to the Fair Work Commission (the Commission) for a majority

support determination pursuant to section 236 of the Fair Work Act 2009 (the Act). The

application sought a determination in respect to members of the AMWU employed by

Pegasus Print Group (the employer) at its Blacktown site, and who work in production and

warehouse classifications (relevant employees).

[2] The matter was listed for proceedings before the Commission on 18 March 2016. At

these proceedings the AMWU was represented by Mr J Lavelle Wilson together with Mr T

Addy and Ms V Seagrove. The employer was represented by Ms G Kim from the Printing

Industries Association of Australia (the PIAA) together with Ms S Trad, HR Manager for the

employer.

Mr Lavelle Wilson referred to the material provided with the application as the

grounds in support of the making of a majority support determination. Mr Lavelle Wilson

submitted that the copies of the exchange of communications between the AMWU and the

employer which were included with the application, clearly established the recent history of

attempts to initiate enterprise bargaining in respect to the relevant employees.

Mr Lavelle Wilson also provided the Commission with a petition signed by numerous

individuals who were asserted to be relevant employees who had signed the petition

indicating that they wanted to bargain for an enterprise agreement with the employer.

Ms Kim advised that the employer was prepared to provide the Commission with a list

of names of all of the relevant employees for the purposes of enabling the Commission to

determine whether or not the petition provided by the AMWU, established that a majority of

the relevant employees wanted to bargain for an enterprise agreement with the employer.
[2016] FWC 2001

[6] On 29 March 2016, the PIAA, on behalf of the employer, provided the Commission

with a list of the relevant employees.

[7] The Commission has carefully examined the petition provided by the AMWU and

cross-checked the signatories against the list of relevant employees provided by the employer.

Despite the petition containing two apparent duplications, and eight names which cannot be

clearly identified, there is nevertheless, a clear majority of identified relevant employees who

have signed the petition.

[8] Consequently, I am satisfied that; (a), a majority of the relevant employees want to

bargain, and (b), the employer has not yet agreed to bargain, and (c), the group that comprises

the relevant employees has been fairly chosen taking into account the geographical,

operational and organisational distinction of that group, and (d), that it is reasonable in all

circumstances to make the majority support determination. Therefore the relevant

requirements of ss. 236 and 237 of the Act have been met and the application must be granted.

[9] Consequently, the Commission has separately issued a majority support determination.
[10] This majority support determination operates on and from today, 1 April 2016.

COMMISSIONER

Appearances:

Mr J Lavelle Wilson with Mr T Addy and Ms V Seagrove for the Australian Manufacturing

Workers' Union.

Ms G Kim of the Printing Industries Association of Australia with Ms S Trad for Pegasus

Print Group.

Hearing details:

2016.

Sydney:

March, 18.

Printed by authority of the Commonwealth Government Printer

The Australian Manufacturing Workers' Union (AMWU), also known as the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union", applied to the Fair Work Commission for a majority support determination under section 236 of the Fair Work Act 2009. The AMWU sought the determination for its members employed by Pegasus Print Group at its Blacktown site in production and warehouse classifications. The application was made on 3 March 2016 and the matter was heard on 18 March 2016 before Commissioner Cambridge in Sydney. The AMWU argued that the petition signed by relevant employees demonstrated a clear desire to bargain for an enterprise agreement with the employer, Pegasus Print Group, who had not yet agreed to commence bargaining. The employer, represented by the Printing Industries Association of Australia, conceded that it would provide a list of relevant employees to enable the Commission to verify the petition signatures.

The primary legal issue before the Commission was whether the AMWU had established that a majority of the relevant employees wanted to bargain for an enterprise agreement with the employer and if the requirements of section 236 of the Act were met. The Commission examined the petition and cross-checked the signatories against the list of relevant employees provided by the employer. Despite some apparent duplications and unidentifiable names, the Commission was satisfied that a clear majority of relevant employees had signed the petition. Consequently, the Commission found that all the statutory criteria under sections 236 and 237 of the Act had been satisfied, and the application should be granted.

The Commission granted the AMWU's application and issued a majority support determination effective from 1 April 2016. This determination means that the AMWU is authorised to commence enterprise bargaining on behalf of the relevant employees, as the majority have expressed their desire to do so. The Commission's decision was based on the satisfactory evidence provided by the AMWU that a majority of the relevant employees wanted to bargain and that the employer had not agreed to commence bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established