"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Yarra Valley Snack Foods Pty Ltd T/A Tyrells Crisps

[2016] FWC 5167

[2016] FWC 5167

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
Yarra Valley Snack Foods Pty Ltd T/A Tyrells Crisps
(B2016/145)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 29 JULY 2016

Application for a majority support determination.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) applied for a majority support determination of production and maintenance employees of Yarra Valley Snack Foods Pty Ltd who are engaged at the Yarra Valley’s factory at Lilydale.

[2] The AMWU tendered authorisations signed by 62 employees. The authorisations stated that the employees wished to enter into EBA negotiations with their employer and wanted the AMWU to negotiate on behalf of the employees.

[3] Of those that signed the authorisations, 2 names were illegible, 2 were designated on Yarra Valley’s list as warehouse employees and 1 was listed as a management employee.

[4] Yarra Valley provided a list of 118 employees. On that list there were 6 warehouse employees and 9 management employees. In addition, there was on employee who Yarra Valley said was not on the list who should have been on the list.

[5] Yarra Valley subsequently provided a list of 128 employees employed on 23 June 2016 who it said were engaged in production, maintenance and QA. A comparison of this list with the earlier list provided by Yarra Valley disclosed that 3 of those employees on this second list were designated warehouse employees on the earlier list and 5 were designated OP who are not production or maintenance employees. I have not included them.

[6] On the material before me, there were 120 employees employed as at 23 June 2016 and there were 57 authorisations signed by employees within the scope of the majority determination sought by the AMWU. The employees who are within the scope of the agreement sought and who signed the authorisations are not a majority of the employees and accordingl;y the application by the AMWU must be dismissed.

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

DEPUTY PRESIDENT

Appearances:

B. Terzic for the Applicant.

E. Mentiplay for the Respondent.

Hearing details:

2016.

Melbourne.

13 July.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR583483>