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

[2014] FWC 2530

[2014] FWC 2530

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
HVAR Steel Services Pty Ltd
(B2014/696)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 15 APRIL 2014

Application for a majority support determination.

[1] 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 H’Var Steel Services Pty Ltd (H’Var) who work in or in connection with the metal and mechanical trades (not including supervisors) at the Australia Post project at the Australia Post Postal Facility in Sunshine Victoria (the employees).

[2] The AMWU tendered a petition signed by four H’Var employees. That petition stated that the employees wanted the AMWU to represent them in bargaining for an enterprise agreement.

[3] H’Var submitted that it had five employees at the site. One is a supervisor and one it submitted did grouting and painting and does do any metal work duties. It also submitted that one employee had resigned and had been replaced.

[4] It is not necessary for me to determine if the employee who is employed as a grouter and painter is within the scope of the proposed agreement because on either count the petition established that a majority of the employees want to bargain for an agreement.

[5] A majority existed at the time the petition was signed. That majority was not effected by the resignation of one employee.

Conclusion

[6] The AMWU has established through direct evidence that a majority of employees want to bargain.

[7] I have considered the submissions and evidence put to me and I am satisfied that the employees of H’Var, who will be covered by the enterprise agreement, want to bargain for an enterprise agreement. I am satisfied that H’Var 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.

[8] An order to that effect will issue with this decision.

DEPUTY PRESIDENT

Appearances:

Mr J Wieladek for the Applicant.

Mr A. Jerkovich and Ms K. Johnston for the Respondent.

Hearing details:

2014:

Melbourne and Perth by video link;

15 April.

Printed by authority of the Commonwealth Government Printer

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