“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2012] FWA 8283

[2012] FWA 8283

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.236—Majority support determination

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(B2012/1607)

COMMISSIONER GOOLEY MELBOURNE, 26 SEPTEMBER 2012

Kmart Australia Ltd trading as Kmart Tyre and Auto Service Vic.

[1] This is an application under s.236 of the Fair Work Act 2009 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a majority support determination with respect to certain employees employed by Kmart Australia Ltd trading as Kmart Tyre and Auto Service Vic in Victoria (the Respondent).

[2] The application was accompanied by a statement of Mr John Herbertson an organiser with the AMWU and a statement of Mr Dave Smith the acting National Secretary of the AMWU Vehicle Division.

[3] The statement of Mr Herbertson had as an attachment a petition signed by 173 employees of the Respondent which stated:

“We, the undersigned workers at Kmart Tyre and Auto Service – Victoria, request that negotiations take place between the Victorian Vehicle Division of the AMWU and management for a Collective Agreement which sets out our wages and conditions of employment.”

[4] On 21 September 2012 the Respondent advised that it did not oppose the making of the majority support determination.

[5] On the basis of the material put before me, I am satisfied that the AMWU is a bargaining representative for the employees concerned and is, therefore, capable of making the application for a majority support determination. I am satisfied that a majority of the employees employed by the Respondent in Victoria who will be covered by the agreement want to bargain. I am satisfied that the employer has not yet agreed to bargain or initiated bargaining for the agreement.

[6] I am satisfied that the group of employees has been fairly chosen and, in all the circumstances it being reasonable to do so, I will issue a majority support determination for the employees concerned.

[7] A determination [PR529564] to this effect will be issued today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529568>