Construction, Forestry and Maritime Employees Union v AMES (Cyclone)

[2025] FWC 971

[2025] FWC 971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236 - Application for a majority support determination

Construction, Forestry and Maritime Employees Union
v

AMES (Cyclone)

(B2025/534)

DEPUTY PRESIDENT CROSS SYDNEY, 17 APRIL 2025

AMES (Cyclone) Grafton

1. The Construction, Forestry and Maritime Employees Union (the CFMEU) made an application (the 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 CFMEU employed by AMES (Cyclone) (the Employer) and employed in positions that would otherwise be covered by the Timber Industry Award 2020 and/or the Manufacturing and Associated Industries and Occupations Award 2020.

1. The CFMEU submitted that copy of a petition of relevant employees clearly established that a majority of relevant employees sought to bargain for a proposed agreement.

1. The Employer agreed to provide the Commission with a list of employees who are employed in positions identified in the Application, in order to allow the Commission to assess whether those employees who had signed the petition of relevant employees represented a majority of the employees to be covered by the proposed agreement.

1. Having compared the petition of relevant employees, the list of employees, and the response of the Employer, I am satisfied that:

(a) a majority of the relevant employees want to bargain:

(b) the employer has not yet agreed to bargain:

(c) the group that comprises the relevant employees has been fairly chosen and:

(d) that it is reasonable in all circumstances to make the Majority Support Determination.

1. Consequently, the Commission has separately issued a Majority Support Determination.

1. This Majority Support Determination operates on and from today, 17 April 2025.

DEPUTY PRESIDENT

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