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

[2015] FWC 5080

[2015] FWC 5080

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)
(B2015/619)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 24 JULY 2015

Pentair Flow Control Pacific Pty Limited T/A Pentair Vales and Controls. Employees who are employed to perform work at the Nowra site in classifications covered by the Manufacturing and Associated Industries and Occupations Award 2010..

[1] On 23 June 2015 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed an application pursuant to s.236 of the Fair Work Act 2009 (the Act) for a majority support determination.

[2] The application sought that the determination apply to:

“Those employees of Pentair Flow Control Pacific Pty Limited t/as Pentair Valves and Controls who are employed to perform work at the Nowra site in classifications covered by the Manufacturing and Associated Industries and Occupations Award 2010 (MA000010)”

[3] The application asserted that the employees to be covered are not currently covered by an enterprise agreement and that Pentair Flow Control Pacific Pty Limited t/as Pentair Valves and Controls (Pentair) had not agreed to bargain for an enterprise agreement.

[4] At the hearing on 14 July 2015 the AMWU was represented by Ms L. Saunders and Pentair by Mr D. Bray of AIGroup.

[5] The AMWU tendered a Statement of Mr Daniel White, a New South Wales Branch Organiser, which set out the discussions he had had with workers at the Nowra site of Pentair. It attached a petition signed by 34 persons which requested the AMWU to commence collective bargaining on behalf of Pentair employees at the Nowra site and nominating the AMWU as their bargaining agent. A redacted copy was provided to Pentair.

[6] Pentair asserted that the number of employees of Pentair at the Nowra site covered by the Manufacturing and Associated Industries and Occupations Award 2010 (MA000010) (the Award), and therefore the determination sought by the AMWU, was in fact 70.

[7] In order for the parties to consider their positions the matter was adjourned until 22 July 2015.

[8] On 22 July the AMWU filed an amended application which confined the coverage of the proposed agreement to employees of Pentair at the Nowra site “in maintenance, production and warehouse roles, excluding supervisory, administrative and managerial roles”, in classifications “up to C7”.

[9] A further statement of Mr White (Exhibit S2) was tendered with an additional four signatures on the petition.

[10] Mr Bray tendered a list of employees with their classifications, who in Pentair’s submission, would be covered by the proposed agreement (Exhibit B1). A redacted version was provided to the AMWU.

[11] It was agreed that the Commission would check the names of the petition against Pentair’s list of employees in Exhibit B1 in order to determine whether there was a majority of employees who want to bargain pursuant to s.237(2) and (3). No other issues as to the requirements of s.237(2) were raised by Pentair.

[12] I have undertaken that exercise and find that 32 out of 57 employees, as defined in the application, want to bargain.

[13] In summary, I am satisfied that the requirements of s.237(2) have been met. I am also satisfied that the petition produced by the AMWU is a bona fide and appropriate method of determining whether a majority of employees want to bargain, in accordance with s.237(3).

[14] A majority support determination will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

L. Saunders for the AMWU;

D. Bray of AIGroup for Pentair.

Hearing details:

2015

Sydney:

July 4, 22.

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