Application by the Australasian Meat Industry Employees Union

[2018] FWC 6807

[2018] FWC 6807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.236—Majority support determination

Application by the Australasian Meat Industry Employees Union
(B2018/855)

DEPUTY PRESIDENT BINET PERTH, 2 NOVEMBER 2018

Application for a majority support determination.

[1] The Australasian Meat Industry Employees Union (AMIEU)has applied (Application) to the Fair Work Commission (FWC)for an order pursuant to section 236 of the Fair Work Act 2009 (Cth) (FW Act) for a determination that a majority of the employees who will be covered by a proposed single-enterprise agreement want to bargain with their employer, being the Trustee for Prime Meat Processors Trust trading as Avon Valley Abattoir (Avon Valley Abattoir).

[2] The Application specifies that the employees to be covered by the proposed agreement are all employees of Avon Valley Abattoir employed to work in or in connection with the meat processing establishment at Avon Valley Abattoirs’ premises at 503 Northam-Pithara Road in Irishtown Western Australia.

[3] The AMIEU provided a confidential petition signed by 20 employees of Avon Valley Abattoir who indicated their desire to bargain for an enterprise agreement.

[4] Avon Valley Abattoir subsequently provided a confidential list of 22 employees employed by Avon Valley Abattoir as at 27 August 2018 who would be covered by the proposed agreement. Avon Valley Abattoir did not dispute the petition or the manner in which it was completed, nor did it dispute the extent to which the group of employees proposed to be covered by the agreement was fairly chosen.

[5] Section 237 of the FW Act requires that the FWC must make a majority support determination if it is satisfied about various matters enumerated in that section.

“237  When the FWC must make a majority support determination

Majority support determination

(1) The FWC must make a majority support determination in relation to a proposed single-enterprise agreement if:

(a) an application for the determination has been made; and

(b) the FWC is satisfied of the matters set out in subsection (2) in relation to the agreement.

Matters of which the FWC must be satisfied before making a majority support determination

(2) The FWC must be satisfied that:

(a) a majority of the employees:

(i) who are employed by the employer or employers at a time determined by the FWC; and

(ii) who will be covered by the agreement;

want to bargain; and

(b) the employer, or employers, that will be covered by the agreement have not yet agreed to bargain, or initiated bargaining, for the agreement; and

(c) that the group of employees who will be covered by the agreement was fairly chosen; and

it is reasonable in all the circumstances to make the determination.

(3) For the purposes of paragraph (2)(a), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.

(3A) If the agreement will not cover all of the employees of the employer or employers covered by the agreement, the FWC must, in deciding for the purposes of paragraph (2)(c) whether the group of employees who will be covered was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.

Operation of determination

             (4)  The determination comes into operation on the day on which it is made.

[6] I am satisfied that:

•  A majority of the employees employed by Avon Valley Abattoir want to bargain with Avon Valley Abattoir for an agreement;

•  Avon Valley Abattoir has not yet agreed to bargain for such an agreement;

•  The group of employees to be covered by the proposed agreement is fairly chosen; and

•  In all of these circumstances it is reasonable to make the determination.

[7] A majority support determination (PR702047) will be issued accordingly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR702046>