"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Agrana Fruit Australia Pty Limited

[2015] FWC 4871

[2015] FWC 4871

FAIR WORK COMMISSION

REASONS FOR 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)
v
Agrana Fruit Australia Pty Limited
(B2015/79)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 16 JULY 2015

Majority Support Determination

[1] This decision arises from an application pursuant to section 236 of the Fair Work Act 2009 (the Act) lodged on 14 May 2015 by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU).

[2] Section 236 of the Act is set out below:

“236 Majority support determinations

(1) A bargaining representative of an employee who will be covered by a proposed single-enterprise agreement may apply to the FWC for a determination (a majority support determination) that a majority of the employees who will be covered by the agreement want to bargain with the employer, or employers, that will be covered by the agreement.

(2) The application must specify:

(a) the employer, or employers, that will be covered by the agreement; and

(b) the employees who will be covered by the agreement.”

[3] I heard the application on 21 May 2015 and thereafter received submissions from the parties. Final submissions were received on 8 July 2015. Ms Saunders appeared for the AMWU. Ms Parker appeared for Agrana Australia Pty Ltd (Agrana).

[4] Ms Parker’s objections were based on her belief that a petition was inappropriate. She was not satisfied that the signatures weren’t fraudulent. She submitted that only a secret ballot could establish that the AMWU members wanted a majority support order. She was concerned that employees may have been coerced. I asked Ms Parker why she considered that the AMWU would need to coerce members when, as an organisation, it had a very high profile at the workplace and a large proportion of employees were members. No evidence of any impropriety was provided.

[5] I was satisfied on the material before me that a majority of employees wish to bargain for an enterprise agreement

[6] Agrana suggests that the passage of time since the petition was signed was such that I should not rely upon it until the intention of various new employees has been confirmed.

[7] I was not persuaded that I should set aside the petition. There was no evidence before me that the employees who have been seeking an enterprise agreement had changed their mind. I was not persuaded to set aside the stated intention of the employees who had signed the petition and put them to further trouble.

[8] I examined the petition and the current list of employees provided by Agrana.

[9] I was satisfied that a majority of employees within the coverage of the AMWU, taking into account new employees, wished to bargain with their employer Agrana. I was satisfied that the requirements of the Fair Work Act 2009 have been met.

[10] It was for these reasons that I issued my Order on 9 July 2015

SENIOR DEPUTY PRESIDENT

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