“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Express Envelopes Pty Ltd

[2014] FWC 2313

[2014] FWC 2313

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.236—Majority support determination

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Express Envelopes Pty Ltd
(B2014/652)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 14 APRIL 2014

Application for a majority support determination.

[1] On 7 April 2014 I made a majority support determination. These are my reasons for that decision.

Introduction

[2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, (known as the Australian Manufacturing Workers Union) (the AMWU) applied for a majority support determination of employees of Express Envelopes Pty Ltd (Express Envelopes) who work in classifications which are covered by the Graphic Arts, Printing and Publishing Award 2010 (the Award) at Express Envelopes’ Dandenong South site (the employees).

[3] Express Envelopes opposed the application on the basis that the employees may not have correctly understood the nature of the petition.

[4] There is currently no existing enterprise agreement that covers the employees.

Evidence and Submissions

[5] In support of its application, the AMWU tendered a petition signed by 23 employees of Express Envelopes in support of the AMWU representing them in workplace issues and in negotiations for an enterprise agreement.

[6] The AMWU acknowledged that as one employee had signed the petition twice the number of employees who wished to bargain was 22.

[7] Express Envelopes tendered a list of 35 employees which included information about the language spoken by employees.

[8] I made orders, without objection, that the petition and the list of employees not be disclosed to either party or any other person, who may wish to inspect the file, without leave of the Commission.

[9] Express Envelopes submitted that I could not be satisfied that the employees want to bargain because it submitted that the employees who signed the petition may not have understood what they were being asked to endorse because for many English was not their first language.

[10] Mr Gary Perrin, an AMWU organiser, gave evidence that the employees approached the union initially about entering into an enterprise bargaining agreement (EBA). Mr Perrin said that he had attended the Dandenong South site a number of times since March 2014. The parties disagreed about the number of times Mr Perrin visited the site but no evidence was called to contradict Mr Perrin’s evidence that he had visited the site at least three times.

[11] It was his evidence that there are a large number of Vietnamese speaking employees as well as a few Cambodian and Cantonese speaking employees.

[12] During those visits, Mr Perrin spoke with the employees about joining the union and about entering an EBA. He said that he took literature with him which explained general things such as “what the union does” and “what an EBA is.” Some of this material, he says, was also translated into Vietnamese.

[13] Mr Perrin addressed a meeting of employees regarding the EBA. It was his evidence that he circulated the petition to the employees. While he was addressing the meeting of employees, Mr Robert Nguyen was translating, from English to Vietnamese, what Mr Perrin was saying. It was his evidence that the employees understood what was being said to them.

[14] Express Envelopes did not call any evidence.

[15] Express Envelopes submitted that because I could not be satisfied that the employees wanted bargain for an agreement, I should make an order that the Australian Electoral Commission conduct a vote of employees and that translators be provided to ensure the employees understood what was being put to them.

Conclusion

[16] The AMWU has established through direct evidence that a majority of employees want to bargain. Express Envelopes made assertions from the bar table that the employees did not understand the petition. It brought no evidence to support that assertion. The AMWU’s evidence that information was translated for employees was not contested. The petition was signed by a majority of employees.

[17] I have considered the submissions and evidence put to me and I am satisfied that the employees of Express Envelopes, who will be covered by the enterprise agreement, want to bargain for an enterprise agreement. I am satisfied that Express Envelopes has not initiated bargaining; that the group of employees was fairly chosen and it is reasonable in all the circumstances to make the majority of support determination.

DEPUTY PRESIDENT

Appearances:

Mr J. Wieladek for the Applicant.

Ms K. Walker for the Respondent.

Hearing details:

2014;

Melbourne:

7 April.

Printed by authority of the Commonwealth Government Printer

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