"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rural Press Pty Ltd T/A Australian Community Media

[2021] FWC 2467

[2021] FWC 2467

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
Rural Press Pty Ltd T/A Australian Community Media
(B2021/251)

COMMISSIONER CAMBRIDGE SYDNEY, 6 MAY 2021

Application for a Majority Support Determination.

[1] On 12 April 2021, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the AMWU) made an application to the Fair Work Commission (the Commission) for a Majority Support Determination. The application was 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 Rural Press Pty Ltd T/A Australian Community Media (the employer or Rural Press) engaged at its North Richmond, NSW location and employed in positions that would otherwise be covered by the Graphic Arts Printing and Publishing Award 2020 (the relevant employees).

[2] The matter was listed for Mention and Directions by Telephone before the Commission on 4 May 2021. At these proceedings the AMWU was represented by Mr J Martin. The employer was represented by Ms R French, Senior Associate from Arnold Bloch Leibler lawyers who was granted permission to appear on behalf of Rural Press, and appeared with Mr J Clarke, General Manager Printing from Rural Press Pty Ltd.

[3] Mr Martin referred to the application as the grounds in support of the making of a majority support determination and submitted that a copy of the petition of relevant employees, which would be provided to the Commission following the conclusion of the proceedings, clearly established that a majority of relevant employees sought to bargain for a proposed agreement.

[4] Ms French acknowledged and accepted that the petition of relevant employees established that a majority of the relevant employees sought to bargain for a proposed enterprise agreement. Further, Ms French indicated that there was no basis upon which Rural Press otherwise opposed the making of the majority support determination, but nevertheless confirmed that it refused to engage in enterprise bargaining. The Commission has therefore been required to formally determine the application for a majority support determination.

[5] Having been provided with a copy of the petition by the AMWU, the Commission has carefully examined the petition and in the circumstances, the Commission is satisfied that; (a), a majority of the relevant employees want to bargain, and (b), the employer has not yet agreed to bargain, and (c), the group that comprises the relevant employees has been fairly chosen taking into account the geographical, operational and organisational distinction of that group, and (d), that it is reasonable in all circumstances to make the Majority Support Determination. Therefore, the relevant requirements of ss. 236 and 237 of the Act have been met and the application must be granted.

[6] Consequently, the Commission has separately issued a Majority Support Determination.

[7] This Majority Support Determination operates on and from today, 6 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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