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

CaseChat Overview and Summary

In the recent case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), the union brought an application before the Fair Work Commission. The AMWU sought a majority support determination to facilitate the certification of an industrial instrument. The application was contested by Rural Press Pty Ltd, trading as Australian Community Media, who opposed the AMWU's application on various grounds. The dispute centred on whether the AMWU had the requisite level of support from employees to warrant the certification of an industrial instrument. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The legal issues before the Commission involved the interpretation and application of sections 361 and 362 of the Fair Work Act 2009 (Cth). The primary issue was whether the AMWU had established that it had majority support among the relevant employees to warrant the certification of an industrial instrument. This involved assessing the evidence presented by both parties and determining whether the AMWU had demonstrated the necessary level of support among employees, as required by the statutory provisions. The Commission also needed to consider the objections raised by Rural Press Pty Ltd and whether those objections were valid and sufficient to prevent the AMWU from obtaining the majority support determination.

The Fair Work Commission, in its decision, carefully considered the evidence and submissions from both parties. It found that the AMWU had not provided sufficient evidence to demonstrate that it had majority support among the relevant employees. The Commission highlighted the need for clear and compelling evidence to establish majority support, and concluded that the AMWU had not met this threshold. Consequently, the Commission rejected the AMWU's application for a majority support determination. The Commission also noted the objections raised by Rural Press Pty Ltd and found them to be valid and well-founded, further supporting its decision to dismiss the application.

In its decision, the Fair Work Commission dismissed the AMWU's application for a majority support determination. The Commission's decision was based on the insufficient evidence provided by the AMWU to establish majority support among the employees, as well as the valid objections raised by Rural Press Pty Ltd. The Commission's decision effectively prevents the AMWU from proceeding with the certification of an industrial instrument, at least until such time as it can provide the necessary evidence of majority support.

"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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established