Construction, Forestry, Mining and Energy Union v The Trustee for Adelaide Independent Glass Unit Trust T/A Adelaide Independent Glass

[2017] FWC 3104

[2017] FWC 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.236 - Application for a majority support determination

Construction, Forestry, Mining and Energy Union
v
The Trustee for Adelaide Independent Glass Unit Trust T/A Adelaide Independent Glass
(B2017/452)

COMMISSIONER PLATT ADELAIDE, 6 JUNE 2017

Application for a majority support determination.

[1] On 1 June 2017, the Construction, Forestry, Mining and Energy Union (the CFMEU), as bargaining representative, lodged an application for a majority support determination pursuant to s.236 of the Fair Work Act 2009 (the Act). The CFMEU sought a determination that the majority of employees of The Trustee for Adelaide Independent Glass Unit Trust T/A Adelaide Independent Glass (Adelaide Independent Glass) whose classifications are covered by the Joinery and Building Trades Award 2010, and who are employed at 3 Hender Avenue Magill within South Australia, want to bargain with Adelaide Independent Glass for a single enterprise agreement.

[2] The CFMEU provided a confidential petition signed by 8 employees of Adelaide Independent Glass who indicated their desire to bargain for an enterprise agreement.

[3] Adelaide Independent Glass subsequently provided a confidential list of 15 employees who would be covered by the proposed agreement. Adelaide Independent Glass advised that it did not dispute the petition or the manner in which it was completed, nor did it dispute the extent to which the group of employees proposed to be covered by the agreement was fairly chosen.

[4] Section 237 of the Act requires that the Commission must make a majority support determination if it is satisfied about various matters.

[5] I am satisfied about the matters detailed in s.237(1) of the Act.

[6] I am satisfied that;

● a majority of the employees employed by Adelaide Independent Glass want to bargain with Adelaide Independent Glass for an agreement.
● Adelaide Independent Glass has not yet agreed to bargain for such an agreement.
● the group of employees to be covered by the proposed agreement is fairly chosen and in all of these circumstances it is reasonable to make the determination.

[7] A majority support determination 1 will be issued accordingly.

COMMISSIONER

 1   PR593547

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