"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Goodyear Dunlop Tyres - Australia and New Zealand T/A Beaurepaires - Wingfield

[2015] FWC 4407

[2015] FWC 4407

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)
v
Goodyear Dunlop Tyres - Australia & New Zealand T/A Beaurepaires - Wingfield
(B2015/605)

SENIOR DEPUTY PRESIDENT O'CALLAGHAN ADELAIDE, 30 JUNE 2015

Majority support determination - majority of employees wanting to bargain established.

[1] On 16 June 2015, the AMWU lodged an application for a majority support determination pursuant to s.236 of the Fair Work Act 2009 (the FW Act). The AMWU sought a determination that the majority of employees of Goodyear Dunlop Tyres - Australia and New Zealand T/A Beaurepaires - Wingfield (Beaurepaires Wingfield) at the Beaurepaires Wingfield site at Wingfield, who are covered by the Vehicle Manufacturing, Repair, Service and Retail Award 2010, want to bargain with Beaurepaires Wingfield for an agreement.

[2] In the application, the AMWU advised that it had conducted a survey of the employees, and provided, for the confidential information of the Fair Work Commission (the FWC), a copy of a petition signed by 16 of the employees.

[3] The application was the subject of a hearing on 24 June 2015. At this hearing, Mr Hardie represented the AMWU and Ms Voucatos, appearing by telephone, represented Beaurepaires Wingfield.

[4] Beaurepaires Wingfield did not dispute the petition, or the manner in which it was completed. It did not dispute the extent to which the group of employees proposed to be covered by the agreement was fairly chosen. However, it expressed concern that the employees may not be eligible to be members of the AMWU. Beaurepaires Wingfield subsequently provided to me, on a confidential basis, a list of all of the employees and the classifications.

[5] On the basis of that information, I am satisfied that the AMWU is able to be a bargaining representative for some, if not all, of the employees and that a majority of those employees signed the AMWU petition. Rule 1E of the AMWU Rules provides for that coverage.

[6] Section 237 of the FW Act requires that the FWC must make a majority support determination if it is satisfied about various matters.

[7] Given that there is no dispute relative to the petition, I am satisfied that this petition establishes that a majority of the employees employed by Beaurepaires Wingfield want to bargain with Beaurepaires Wingfield for an agreement. Beaurepaires Wingfield has not yet agreed to bargain for such an agreement. I am satisfied that the group of employees to be covered by the proposed agreement is fairly chosen and in all of these circumstances it is reasonable to make the determination.

[8] A majority support determination (PR568903) will be issued accordingly.

SENIOR DEPUTY PRESIDENT

Appearances:

S Batchelor and T Hardie for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

L Vocatos and T Hudson for Goodyear Dunlop Tyres - Australia & New Zealand T/A Beaurepaires - Wingfield

Hearing details:

2015.

Adelaide:

June 24.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR568902>