Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v South32 Worsley Alumina Pty Ltd

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have a majority support determination made in their favour for the purpose of commencing enterprise bargaining with South32 Worsley Alumina Pty Ltd. The union argued that a majority of employees supported the application. However, the employer contested the application on several grounds, including that the petition was falsely derived and the group of employees who would be covered by the agreement was not fairly chosen. The Federal Court was required to determine whether a majority of the employees actually wanted to bargain with the union, whether the petition was falsely derived, and whether it was reasonable in all the circumstances to make the determination.

The court found that the petition was falsely derived, as it was based on a list of employees that did not accurately reflect the bargaining unit. The court also found that the group of employees who would be covered by the agreement was not fairly chosen, as the union had excluded some employees from the bargaining unit without justification. Furthermore, the court found that it was not reasonable in all the circumstances to make the determination, as the union had not taken reasonable steps to ensure that the petition was accurate and that the bargaining unit was fairly chosen.

As a result, the court dismissed the union's application for a majority support determination. The court emphasised the importance of accurately identifying the bargaining unit and taking reasonable steps to ensure that the petition is not falsely derived. The court also noted that the union's failure to take reasonable steps to ensure the accuracy of the petition and the fairness of the bargaining unit was a significant factor in its decision. The court's decision highlights the importance of following proper procedures when seeking to commence enterprise bargaining.