Australian Municipal, Administrative, Clerical and Services Union v Equity Valet Parking Pty Ltd

The Australian Municipal, Administrative, Clerical and Services Union brought an application to the Fair Work Commission under the Fair Work Act, seeking a majority support determination in relation to its employees who are engaged by Equity Valet Parking Pty Ltd. The nature of the dispute was whether the Union had the requisite support of employees to be registered as a bargaining agent for the purposes of negotiating an enterprise agreement. The application was heard by the Fair Work Commission, an independent statutory body with jurisdiction to make determinations in relation to workplace disputes under the Fair Work Act.

The legal issues before the Commission were whether the Union satisfied the statutory tests for a majority support determination and whether making such a determination was reasonable in all the circumstances. The Union submitted that it had received written authorisations from the requisite number of employees and that making the determination would not be unreasonable. Equity Valet Parking opposed the application on the basis that the Union had not satisfied the statutory tests and that making the determination would be unreasonable given the small size of the employer.

The Fair Work Commission found that the Union had satisfied the statutory tests for a majority support determination. The Commission noted that the Union had received written authorisations from a majority of the employees, and that the application was made within the relevant time period. The Commission also found that making the determination was reasonable in all the circumstances, notwithstanding the small size of the employer. The Commission noted that the employees had a right to be represented by a registered union of their choice and that the statutory tests were designed to protect that right. The application was therefore approved and a majority support determination was made in favour of the Union.

The Fair Work Commission made a majority support determination in favour of the Australian Municipal, Administrative, Clerical and Services Union, finding that it had satisfied the statutory tests and that making such a determination was reasonable in all the circumstances. The Union is now registered as a bargaining agent for the employees of Equity Valet Parking Pty Ltd and is entitled to negotiate an enterprise agreement on their behalf.