Australasian Meat Industry Employees Union, The v Coles Supermarkets Australia Pty Ltd

[2016] FWC 7944

[2016] FWC 7944

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.236 - Application for a majority support determination

Australasian Meat Industry Employees Union, The
v
Coles Supermarkets Australia Pty Ltd
(B2016/949)

SENIOR DEPUTY PRESIDENT O'CALLAGHAN ADELAIDE, 2 NOVEMBER 2016

Majority support determination – revocation of decision [2016] FWC 7893 and determination PR587096.

[1] On 31 October 2016 I issued a decision 1 which sets out the basis for my conclusion that a majority support determination should be issued for employees engaged in Meat Departments in Coles Supermarkets Pty Ltd and Bi-Lo Pty Ltd stores (Coles).

[2] After that decision was issued, I became aware of errors in the decision. The first of those errors relates to the extent to which I misconstrued the advice of the ballot conducted by the Australian Electoral Commission at the request of the Fair Work Commission. Secondly, the decision omitted to address the basis upon which a conclusion about the majority support determination was made. I subsequently advised the parties that I had formed a preliminary view that this decision should be revoked.

[3] In a hearing conducted today, the parties confirmed that the capacity to revoke the decision existed pursuant to s.603 of the Fair Work Act 2009 (the FW Act). Further, neither party took issue with my explanation of the errors and omissions in this decision.

[4] Consequently, I confirm that the 31 October 2016 decision and its resultant majority support determination are revoked with effect from today.

[5] In the course of the hearing convened today, Coles has reiterated its position that no majority support determination should be issued. I have forwarded to both parties the declaration of the ballot advice provided by the Australian Electoral Commission. In the event that the Australasian Meat Industry Employees Union seeks a further hearing in order to pursue its application, advice detailing its position in this regard will be provided to the Commission and to Coles Supermarkets Pty Ltd and Bi-Lo Pty Ltd by close of business 11 November 2016. A decision about whether the matter will be subject to a further hearing or whether the application will be determined on the material before me, will be made after that date.

[6] An Order (PR587183) giving effect to this revocation decision will be issued.

Appearances (by telephone):

K Rogers for The Australasian Meat Industry Employees Union.

C Gardner counsel for Coles Supermarkets Australia Pty Ltd.

Hearing details:

2016.

Adelaide:

November 2.

 1   [2016] FWC 7893

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<Price code A, PR587182>