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

[2012] FWA 9671

[2012] FWA 9671

FAIR WORK AUSTRALIA

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
Veolia Environmental Services (Australia) Pty Ltd
(B2012/2010)

COMMISSIONER GOOLEY MELBOURNE, 13 NOVEMBER 2012

Veolia Environmental Services (Australia) Pty Ltd.

[1] This is an application under section 236 of the Fair Work Act 2009 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a majority support determination with respect to certain employees employed by Veolia Environmental Services (Australia) Pty Ltd (the Respondent).

[2] The application was accompanied by a signed petition of five employees in support of bargaining for an enterprise agreement.

[3] On 12 November 2012 the Respondent advised that it did not oppose the making of the majority support determination.

[4] On the basis of the material put before me, I am satisfied that the AMWU is a bargaining representative for the employees concerned and is, therefore, capable of making the application for a majority support determination. I am satisfied that a majority of the employees employed by the Respondent in Victoria who will be covered by the agreement want to bargain. I am satisfied that the employer has not yet agreed to bargain or initiated bargaining for the agreement.

[5] I am satisfied that the group of employees has been fairly chosen and, in all the circumstances it being reasonable to do so, I will issue a majority support determination for the employees concerned.

[6] A determination [PR531324] to this effect will be issued today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR531325>