“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Felton Grimwade & Bosisto's Pty Ltd T/A FGB Natural Products Summary

[2025] FWC 689

FAIR WORK COMMISSION

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

Felton Grimwade & Bosisto’s Pty Ltd T/A FGB Natural Products

(B2025/242)

COMMISSIONER YILMAZ

MELBOURNE, 7 MARCH 2025

Application for a majority support determination

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or the Applicant) has made an application to the Fair Work Commission (the Commission) pursuant to s.236 of the Fair Work Act 2009 (the Act) for a majority support determination. The application is made in respect to employees employed by Felton Grimwade & Bosisto’s Pty Ltd T/A FGB Natural Products (FGB or the Respondent) who perform work in the production, warehouse, compounding, and quality control functions excluding employees employed as supervisors or above. These employees are located at 61-81 Clarinda Road, Oakleigh South, Victoria 3167 and are otherwise covered by the Manufacturing and Associated Industries and Occupations Award 2020.

After the conference before me on 28 February 2025 the AMWU furnished their petition signed by employees to me. The wording of the petition was sent to FGB. FGB then provided the list of employees on 5 March 2025.

The AMWU submit that the employees who are intended to be covered by the proposed enterprise agreement want to bargain for an enterprise agreement. The AMWU tendered a petition of the employees performing work in production, warehouse, compounding and quality control, containing the names and signatures of 17 employees. This petition signed by employees contains the preceding words:

We, as employees of FGB Natural Products (address at 61-81 Clarinda Road, Oakleigh South, Vic. 3167) members and potential members of the Australian Manufacturing Workers Union (AMWU), want the AMWU to represent us on all workplace issues and in negotiations for an Enterprise Agreement.

This application follows a preceding application (B2024/1471) where the AMWU tendered a petition but once compared to the employer’s list of employees a majority was not realised.

With the previous application the AMWU tendered email correspondence between AMWU representatives and FGB where it was evident that the AMWU request to commence bargaining was declined. This correspondence of 24 October 2024 from the Head of People & Culture is again relied on in this matter and it is not contested that the Respondent does not agree to bargain.

An updated list of relevant employees as at 28 February 2025 was provided to the Commission containing the names of 29 employees employed in production, warehousing, compounding and quality control.

The Respondent raised at the conference and again when the list of employees was submitted that as the Commission may determine the method relied on to decide whether there is majority support to bargain, that a secret ballot may be more appropriate than accepting the tendered petition. While there is no evidence of any concern raised with either the petition or its process, it is asserted that with the increase in support from 11 to 17 in such a short space of time that caution may be warranted.

In the absence of any evidence to give concern to the petition or its process, there is no reason to depart from accepting the petition, which is commonly an acceptable method of establishing majority support.

It is not in contest that the Respondent has not agreed to bargain, nor initiated bargaining.

I am satisfied that the group of employees covered by this application are operationally or organisationally distinct and fairly chosen.

An assessment of both the petition and the Respondent’s list of employees shows that 17 out of 29 employees covered by this application are employed by the Respondent and agree to bargain. This represents a majority of relevant employees wish to bargain.

There is also no contest between the parties in regard to the considerations in s.237(2). In the context of the legislative provisions and the evidence before the Commission I am satisfied that the majority of employees who are employed and who will be covered by the agreement want to bargain and it is not in contest that the employees are fairly chosen. The requirements of s.237 (1) and s.237 (2) are met and it is reasonable in the circumstances to make the determination.

A determination[1] will be issued with this decision.

COMMISSIONER

[1] PR785069.

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission heard an application by the Australian Manufacturing Workers’ Union (AMWU) for a majority support determination against Felton Grimwade & Bosisto’s Pty Ltd T/A FGB Natural Products. The AMWU sought to represent a specific group of employees in bargaining for an enterprise agreement. These employees, who are engaged in production, warehouse, compounding, and quality control functions, are located at FGB's Oakleigh South site in Victoria. FGB opposed the application, asserting that the AMWU should not be recognised as the bargaining representative for these employees.

The primary legal issue the Commission had to resolve was whether the AMWU had demonstrated that a majority of the relevant employees wished to be represented by the union for bargaining purposes, as required under section 236 of the Fair Work Act 2009. The Commission had to assess the petition submitted by the AMWU and compare it with the list of employees provided by FGB to determine if the majority support threshold was met. Additionally, the Commission needed to consider whether the employees in question were fairly chosen and if the bargaining representative was appropriately determined.

Commissioner Yilmaz found that the AMWU had successfully demonstrated that a majority of the relevant employees wished to be represented by the union for bargaining purposes. The AMWU submitted a petition signed by 17 out of 29 employees, which met the majority requirement. The Commissioner noted that there was no evidence of irregularities in the petition process and therefore accepted the petition as a valid means of establishing majority support. Furthermore, the Commissioner determined that the employees were fairly chosen and that the requirements of sections 237(1) and 237(2) of the Act were met. Given these findings, the Commissioner concluded that it was reasonable to make the majority support determination in favour of the AMWU.

The Commission issued a determination in favour of the AMWU, recognising the union as the bargaining representative for the specified group of employees at FGB Natural Products. This decision allows the AMWU to proceed with negotiations for an enterprise agreement on behalf of the employees in production, warehouse, compounding, and quality control functions.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Felton Grimwade & Bosisto's Pty Ltd T/A FGB Natural Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established