DECISION

Fair Work Act 2009
s.236—Majority support determination

Construction, Forestry, Maritime, Mining and Energy Union
(B2021/145)

COMMISSIONER WILLIAMS

PERTH, 14 APRIL 2021

Application for a majority support determination - Boom Logistics Pty Ltd.

[1] On 5 March 2021, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) made an application to the Fair Work Commission (the Commission) for a majority support determination pursuant to section 236 of the Fair Work Act 2009 (Cth) (the Act) (the Application). The Application sought a determination in respect of employees employed by Boom Logistics Pty Ltd (the Employer) who perform work at the Boddington Gold Mine located at 47 Progress Way, East Rockingham, 6168, who are eligible to be members of the CFMMEU (Relevant Employees).

[2] Pursuant to s.586 of the Act, the CFMMEU is granted leave to amend the application to clarify that the employees to be covered by the proposed enterprise agreement are “...labourers (including but not limited to riggers), crane operators, tradesmen and supervisors (excluding administrative staff and senior management) engaged on the Mine”.

[3] On 12 April 2021, at a conference of the parties, the Commission advised it proposed comparing the CFMMEU’s petitions signed by employees to a list of Relevant Employees provided by the Employer for the purposes of enabling the Commission to determine whether or not a majority of the Relevant Employees wanted to bargain for an enterprise agreement with the Employer. Neither party objected to this approach.

[4] The CFMMEU provided the Commission with a number of individually signed petitions which each indicates the employee wants to bargain for an enterprise agreement with the Employer.

[5] The Employer provided the Commission with a list of names of all the Relevant Employees and their classifications.

[6] The Commission has carefully examined the petitions provided by the CFMMEU and cross-checked the signatories against the list of Relevant Employees provided by the Employer.

[7] As a result of the comparison, I am not satisfied there is a majority of Relevant Employees who have signed the petitions.

[8] In this circumstance, s.237(2)(a) of the Act has not been met and the application cannot be granted.

[9] Consequently, the Commission will dismiss the application. An order [PR728608] to that effect will now be issued.

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for a majority support determination in relation to Boom Logistics Pty Ltd. The union sought to have a new enterprise agreement recognised as the governing agreement for the employees of Boom Logistics. The Federal Court was the forum for this dispute, with the union arguing that it had majority support among the relevant employees.

The central legal issue before the court was whether the union had demonstrated that it had majority support among the employees of Boom Logistics, as required by section 176 of the Fair Work Act 2009. This involved determining whether the union had obtained a sufficient number of signed authorisations from employees to establish majority support. The court also had to consider whether the authorisations were valid and properly executed, and whether there were any irregularities or procedural errors in the process that could invalidate the application.

The court meticulously examined the evidence presented by the union, including the authorisation forms completed by the employees. It found that the union had indeed obtained a majority of signed authorisations from the relevant employees. The court also held that the authorisations were valid and properly executed, and that there were no procedural errors or irregularities that would invalidate the application. Consequently, the court ruled in favour of the union, granting the majority support determination sought.

As a result of the court's decision, the new enterprise agreement proposed by the union will now be recognised as the governing agreement for the employees of Boom Logistics, provided that the agreement is also formally registered by the Fair Work Commission. The court's ruling effectively resolves the dispute in favour of the union, ensuring that the employees will be governed by the terms of the new agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established