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

[2016] FWC 2001

[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)

v

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.

1. 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.

1. 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.

1. 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

<Price code A, PR578530>