"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)-Food and Confectionery Division South Australia Region; "Automotive, Food,...
[2011] FWA 3682
•9 JUNE 2011
[2011] FWA 3682 |
|
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)-Food and Confectionery Division South Australia Region; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2011/2925)
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 9 JUNE 2011 |
Application for a majority support determination.
[1] On 27 May 2011 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged an application pursuant to s.236 of the Fair Work Act 2009 (the FW Act) through which it sought a majority support determination to apply to supervisory personnel engaged by ASC Pty Ltd in South Australia.
[2] This application was the subject of a hearing on 3 June 2011. At this hearing the AMWU was represented by Mr Hardie and ASC Pty Ltd by Mr Hunter.
[3] The AMWU advised that a petition signed by 26 employees between 1 and 7 March 2011, confirmed that the majority of the supervisor employees had requested the union to commence enterprise agreement negotiations on their behalf. Further, that the ASC Pty Ltd had refused to participate in negotiations to this effect. The AMWU provided me with this petition on a confidential basis.
[4] The ASC Pty Ltd position was to the effect that it disputed that a majority of these supervisory employees had requested that the AMWU commence enterprise agreement negotiations on their behalf. In the course of the hearing on this matter ASC Pty Ltd agreed to provide to me, on a confidential basis, a list of the names of the South Australian supervisory personnel.
[5] I have now had the opportunity to consider this information and I am satisfied that the AMWU petition clearly establishes that a majority of the ASC Pty Ltd South Australian supervisory personnel have requested that the AMWU represent them in enterprise agreement negotiations.
[6] I am satisfied that the AMWU application was made consistent with the requirements of s.236 of the FW Act. In these circumstances s.237 then requires that I must make a majority support determination in the event that I am satisfied about the matters set out in s.237(2) which states:
“Matters of which FWA must be satisfied before making a majority support determination
(2) FWA must be satisfied that:
(a) a majority of the employees:
(i) who are employed by the employer or employers at a time determined by FWA; and
(ii) who will be covered by the agreement;
want to bargain; and
(b) the employer, or employers, that will be covered by the agreement have not yet agreed to bargain, or initiated bargaining, for the agreement; and
(c) that the group of employees who will be covered by the agreement was fairly chosen; and
(d) it is reasonable in all the circumstances to make the determination.”
[7] On the information before me I am satisfied that a majority of the employees as at 7 March 2011, who will be covered by the agreement, want to bargain. There is no dispute that ASC Pty Ltd has not yet agreed to bargain for the agreement and that this group of supervisory employees represents a group of employees that was fairly chosen.
[8] In these circumstances I consider that it is reasonable to make a determination. Accordingly, a majority support determination (PR510398) pursuant to s.237 will be issued.
SENIOR DEPUTY PRESIDENT
Appearances:
T Hardie representing the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
M Hunter representing ASC Pty Ltd.
Hearing details:
2011.
Adelaide:
June 3.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR510421>
0
0
0