"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Mail Marketing Works Pty Ltd t/a mmw3degrees

[2015] FWC 378

[2015] FWC 378

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

Mail Marketing Works Pty Ltd t/a mmw3degrees

(B2014/1105)

COMMISSIONER CAMBRIDGE SYDNEY, 15 JANUARY 2015

Application for a majority support determination.

[1] This Decision is issued as confirmation of the ex-tempore determination made in this matter during proceedings held in Sydney on 15 January 2015.

[2] On 11 November 2014, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU) made an application to the Fair Work Commission (the Commission) for a majority support determination to be made pursuant to section 236 of the Fair Work Act 2009 (the Act). The application sought a determination in respect to members of the AMWU employed by Mail Marketing Works Pty Ltd t/a mmw3degrees (the employer) under the Graphic Arts, Printing and Publishing Award 2010 and who work on the production floor and in the warehouse (the relevant employees).

[3] The matter was listed for proceedings before the Commission on 19 December 2014 and again today, 15 January 2015. At today’s proceedings the AMWU was represented by Ms L Saunders and the employer was represented by Ms A Fletcher and Mr A Moore.

[4] The Commissionwasprovided with evidence in the form of a petition (the AMWU petition) signed by various individuals who are identified as being relevant employees. The AMWU petition sought signatories who wished to bargain for an enterprise agreement. The employer provided evidence in the form of a list of employees (the employer’s list) that identified a total of 56 relevant employees.

[5] The Commission invited the Parties to make submissions in respect to the circumstances which were appropriate for determination of the application upon an examination of the AMWU petition and the employer’s list. There was broad agreement between the Parties that the application should, if practical, be determined quickly, informally and without technicality associated with a formal Hearing. The Parties made respective submissions regarding the application generally and the requirement and or desirability for the application to be granted.

[6] Having regard for the evidence provided by the AMWU petition and the employer’s list and the submissions made by the parties, I am satisfied that the provisions of ss. 236 and 237 of the Act have been met and therefore the application must be granted.

[7] Consequently, the Commission has separately issued a majority support determination.

[8] This majority support determination operates on and from today, 15 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR560102>