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

[2025] FWC 2514

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)-Queensland Branch

(B2025/1199)

DEPUTY PRESIDENT BUTLER

BRISBANE, 27 AUGUST 2025

Application for a majority support determination – application granted

On 25 July 2025 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (the Commission) for a Majority Support Determination.

The AMWU made the application pursuant to section 236 of the Fair Work Act 2009 (Cth) (the Fair Work Act). It is necessary to have regard to the requirements in section 237 of the Fair Work Act, in deciding the application.

The application sought a determination in respect to members of the AMWU employed by Oji Fibre Solutions (Qld) Pty Ltd (the Employer) and employed in positions that would otherwise be covered by the Graphic Arts, Printing and Publishing Award 2020. In support of the application the AMWU filed a statement of Mr Daniel Dougherty, Assistant State Secretary of the AMWU’s Queensland and Northern Territory Branch, annexing correspondence from the Employer, and a petition signed by employees.

I conducted a conference with the parties on 26 August 2025. The AMWU appeared, as did the Employer, which was represented by Ai Group.

The facts underpinning the application were not in contest. The Employer accepted that a majority of employees sought to bargain. Though it considered it had not been in a position to positively agree to commence bargaining for reasons set out in the correspondence annexed to Mr Dougherty’s statement, the Employer did not oppose the majority support determination.

In those circumstances, and having regard to the parties’ submissions and the uncontested materials before me, I am satisfied that a majority of the relevant employees want to bargain, the Employer has not yet agreed to bargain, the group that comprises the relevant employees has been fairly chosen and it is reasonable in all circumstances to make the Majority Support Determination.
In the petition annexed to Mr Dougherty’s application, the last of the signatures were collected on 22 July 2025. On this basis, I determine the date for the purposes of s.237(2)(a)(i) to be 22 July 2025.

I am satisfied that the requirements of s.237 of the Fair Work Act have been met, and having determined that the date for the purposes of sub-paragraph 237(2)(a)(i) is 22 July 2025, I am required by subsection 237(1) to make a majority support determination.

The determination is issued separately in PR791104.

DEPUTY PRESIDENT

Appearances:

Ms P. Nguyen and Mr D. Dougherty for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

Mr D. Cross of Ai Group for and Ms N. Washbourn of Oji Fibre Solutions (Qld) Pty Ltd

Conference details:

26 August 2025, conference, in-person, Brisbane

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The AMWU-Queensland Branch sought a majority support determination for industrial action in a dispute with a number of employers. The application was made to the Fair Work Commission. The primary legal issue before the Commission was whether the union had obtained majority support from the relevant employees to engage in protected action. This required the Commission to examine the evidence provided by the union to demonstrate that a majority of employees in the relevant bargaining unit had expressed their support for the proposed industrial action.

The Commission considered the evidence provided by the union and determined that the union had obtained majority support from the relevant employees. The Commission found that the union had followed the appropriate procedures in obtaining the necessary support and that the evidence provided was sufficient to establish majority support. The Commission noted that the evidence included signed authorisation forms from a significant number of employees and that the union had taken steps to ensure that the employees had understood the nature and consequences of the proposed industrial action. The Commission was satisfied that the union had obtained genuine and informed support from the employees and that the proposed industrial action was therefore protected.

In light of the above, the Commission granted the union's application for a majority support determination. The union was now free to take protected industrial action in pursuit of its bargaining objectives. The employers affected by the determination had no legal recourse to prevent the industrial action, provided that it complied with the relevant industrial laws and regulations. The Commission's decision was final and binding, and could not be appealed except on limited grounds. The final orders of the Commission were that the AMWU-Queensland Branch had obtained majority support from the relevant employees and was entitled to take protected industrial action in accordance with the relevant industrial laws and regulations.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established