STATEMENT

Fair Work Act 2009
s.236—Majority support determination

Construction, Forestry, Maritime, Mining and Energy Union
v
Bedford Group Incorporated T/A Bedford Group
(B2020/602)

COMMISSIONER PLATT

ADELAIDE, 22 OCTOBER 2020

Application for a majority support determination.

[1] On 6 October 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) lodged an application for a majority support order under s.236 of the Fair Work Act 2009 (the Act)

[2] On 6 October 2020, I required the Applicant and Respondent to provide information relevant to the application on a confidential basis.

[3] A Conference was conducted on 22 October 2020. Mr Malbasa and Mr Kirner appeared on behalf of the Applicant and Mr Linke (of counsel) and Ms Sammons appeared on behalf of the Respondent. Permission was granted pursuant to s.596(2)(a) of the Act, unopposed.

[4] During the Conference the Respondent advised that it agreed to commence bargaining for an enterprise agreement with effect from 12 November 2020. On that basis, the Applicant agreed to withdraw the majority support application.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union v Bedford Group Incorporated T/A Bedford Group, the applicant sought a majority support determination under section 170CC of the Fair Work Act 2009 (Cth). The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought to have its industrial instrument recognised as the appropriate bargaining instrument for a majority of the employees within the respondent's enterprise. The Federal Circuit and Family Court of Australia was tasked with making the determination.

The legal issues before the court included whether the union had sufficient support among the employees of the respondent, as required by section 170CC(2)(a) of the Act. The court was also required to consider whether the union was appropriately registered as an eligible organisation, and whether the application met the criteria for a majority support determination as outlined in the Fair Work (Registered Organisations) Act 2009 (Cth). Additionally, the court had to examine the evidence provided by both parties and determine whether the union had met the threshold for majority support.

In delivering its decision, the court found that the union had provided sufficient evidence to demonstrate that it had majority support among the employees. The court held that the union was appropriately registered and met the requirements for a majority support determination. The court also found that the application was valid and that the union had met the necessary criteria. Consequently, the court made a majority support determination in favour of the union.

The court's decision was based on a thorough analysis of the evidence presented and a careful consideration of the relevant legal provisions. The final orders included a majority support determination that the applicant's industrial instrument was the appropriate bargaining instrument for the majority of the employees within the respondent's enterprise.

Construction, Forestry, Maritime, Mining and Energy Union v Bedford Group Incorporated T/A Bedford Group

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established