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

CaseChat Overview and Summary

In this matter, the Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a majority support determination, seeking to enter into an enterprise agreement with Yarra Valley Snack Foods Pty Ltd, trading as Tyrells Crisps. The dispute arose from the union's claim that it had sufficient support from employees to be authorised to negotiate an enterprise agreement on their behalf. Yarra Valley Snack Foods contested the application, arguing that the union did not have the requisite majority support. The Fair Work Commission was tasked with determining whether the union's claim was substantiated.

The legal issues before the Commission were whether the union had obtained a sufficient number of signed authorisation forms from employees to satisfy the majority support requirements under the Fair Work Act 2009. Specifically, the Commission had to consider the validity of the authorisation forms, the eligibility of the signatories, and whether the union had met the threshold of 40% of the relevant employees. Additionally, the Commission had to assess whether the application met the procedural requirements set out in the Fair Work Regulations 2009.

In reaching its decision, the Commission examined the evidence provided by both parties. The Commission found that while the union had collected a significant number of authorisation forms, a portion of these forms were either incomplete or signed by ineligible employees. After applying the relevant statutory criteria and conducting a detailed analysis, the Commission concluded that the union had not demonstrated the required majority support. Consequently, the application for a majority support determination was dismissed.

The Commission's decision was based on the findings that the union did not meet the necessary thresholds and that there were procedural flaws in the collection and submission of the authorisation forms. The union's application was therefore denied, and the enterprise agreement could not proceed under the authorisation of the AMWU. The Fair Work Commission's determination was final and binding, and no further action could be taken by the union in relation to this application without satisfying the majority support requirement.

"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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established