"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2021] FWC 4653

[2021] FWC 4653

FAIR WORK COMMISSION

DECISION

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

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2021/548)

COMMISSIONER O'NEILL MELBOURNE, 2 AUGUST 2021

Application for a majority support determination

[1] On 16 July 2021, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) applied for a majority support determination in relation to Fyna Foods Australia Pty Ltd. The proposed enterprise agreement would cover “those employees currently covered by the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2015-2018, namely all employees of the employer who perform production, packing and warehouse work”.

[2] Following a mention on 22 July 2021, I issued an Order 1 amending the name of the Respondent to Fyna Foods (Vic) Pty Ltd. On a confidential basis, on 22 July 2021 the AMWU provided petitions signed by employees of the Respondent stating that they wanted to bargain and on 30 July 2021 the Respondent provided a list of its employees who would be covered by the proposed agreement. A comparison of these two lists has satisfied me that a majority of relevant employees want to bargain for the proposed agreement. After notifying the parties of this assessment, the Respondent advised that it did not object to the making of a Majority Support Determination.

[3] Based on the material before the Commission, I am satisfied that a majority of employees who are employed and who will be covered by the proposed agreement want to bargain and that the group of employees is fairly chosen. I am satisfied that the requirements of ss.236 and 237 of the Act have been met and that it is reasonable in all the circumstances to make the determination.

[4] Accordingly, the Commission determines as follows:

“A majority of employees employed by Fyna Foods (Vic) Pty Ltd performing production, packing and warehouse work within the state of Victoria wish to bargain for an enterprise agreement with their employer.”

[5] Pursuant to s. 237(4) of the Act, this majority support determination comes into operation on 2 August 2021. A Determination to this effect will be separately issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR732341>

 1   PR732307.