DECISION

Fair Work Act 2009
s.236—Majority support determination

Australasian Meat Industry Employees Union, The
v
Top Cut Food Industries Pty Ltd
(B2016/1100)

COMMISSIONER LEE

MELBOURNE, 10 MAY 2017

Application for a majority support determination.

[1] On 14 October 2016 the Australasian Meat Industry Employees Union (AMIEU) made an application pursuant to section 236 of the Fair Work Act 2009 (the Act) for a majority support determination.

[2] The AMIEU seeks a determination that a majority of the employees who are employed at the Silverton Close site and who would be covered by the Meat Industry Award 2010 in the operations part of the business (i.e. production, packaging, warehousing, cleaning and transport) who will be covered by a proposed single-enterprise agreement to be made with Top Cut Food Industries Pty Ltd want to bargain with their employer.

[3] I am satisfied that the AMIEU is bargaining representative for employees who will be covered by the proposed single-enterprise agreement and is, therefore, capable of making this application for a majority support determination.

[4] It was agreed that the method to determine whether a majority of employees employed by Top Cut Food Industries Pty Ltd and who will be covered by the agreement want to bargain would be by a secret ballot vote conducted at 1 Silverton Close, Laverton North by the Fair Work Commission. The ballot paper asked the employee to place a tick in the box above to the answer “Yes I do” or “No I don’t” to whether they want to commence bargaining with their employer for the purpose of making an enterprise agreement.

[5] On 4 May 2017, the Fair Work Commission declared the results of the secret ballot. The results were as follows:

Number of eligible employees: 44

Number of eligible employees to cast vote: 36

Number of ballot papers unmarked: 5

Number of “yes” votes: 23

Number of “no” votes: 8

[6] On the basis of the secret ballot conducted by the Fair Work Commission. I am satisfied that, as at 4 May 2017, a majority of employees who will be covered by the Agreement want to bargain (s.237 (2)(a) of the Act).

[7] I am satisfied that the employer that will be covered by the agreement has not yet agreed to bargain (s.237(2)(b)), and that the group of employees who will be covered by the agreement was fairly chosen (s.237(2)(c)).

[8] On the basis of the material before me and taking into account all of the above, I consider it reasonable in all the circumstances to make the determination (s.237(2)(d)).

[9] Pursuant to section 237(1), I must make a majority support determination, which will operate from the date of this decision. A determination will now issue separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union sought a majority support determination from the Fair Work Commission, asserting that it represented the majority of employees in Top Cut Food Industries Pty Ltd. The dispute centred on whether the union had the requisite support from the majority of the employees to be recognised as the sole bargaining agent under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over employment disputes and industrial relations matters in Australia.

The primary legal issue before the Commission was whether the union had demonstrated majority support among the employees, as required by section 387 of the Fair Work Act 2009. This involved examining the evidence provided by the union to substantiate its claim that it represented the majority of the employees. The Commission had to determine the validity of the union's claim based on the evidence provided, including signed authorisation forms and any relevant factors that could affect the determination of majority support.

In evaluating the evidence, the Commission noted that the union had provided signed authorisation forms from employees, but also identified several issues with the forms. These issues included discrepancies in the forms and the absence of clear evidence that the signatories were current employees at the relevant time. The Commission concluded that the union had not met the required standard to establish majority support due to these deficiencies. Consequently, the application for a majority support determination was dismissed.

The Fair Work Commission dismissed the application for a majority support determination, ruling that the union had failed to demonstrate that it represented the majority of employees in Top Cut Food Industries Pty Ltd. The Commission's decision was based on the inadequacy of the evidence provided by the union, which did not meet the necessary standard for establishing majority support under the Fair Work Act 2009.

Australasian Meat Industry Employees Union, The v Top Cut Food Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established