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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for a majority support determination concerning employees of Adelaide Independent Glass. The dispute centred around the union's application for authorisation to be the sole bargaining agent for the employees. The court was tasked with determining whether the CFMEU had the support of a majority of the relevant employees, as required by the Fair Work Act 2009.

The primary legal issue was whether the CFMEU had demonstrated that it had the support of a majority of the employees within the bargaining area. This required the Commission to examine the evidence provided by both the CFMEU and the employer, The Trustee for Adelaide Independent Glass Unit Trust T/A Adelaide Independent Glass, to assess the level of support for the union. Additionally, the court needed to consider the validity of the application and whether the process followed complied with the legislative requirements.

The Commission found that the CFMEU had provided sufficient evidence to demonstrate majority support among the employees. The evidence included signed authorisation forms and the absence of any significant contrary evidence from the employer. The Commission concluded that the application met the statutory criteria for a majority support determination. Consequently, the CFMEU was authorised as the sole bargaining agent for the employees. The court further found that the process adhered to the requirements of the Fair Work Act.

As a result of the determination, the Fair Work Commission issued an order recognising the CFMEU as the exclusive bargaining agent for the employees of Adelaide Independent Glass. This order mandated that the employer engage exclusively with the CFMEU for the purposes of collective bargaining. The decision effectively resolved the dispute in favour of the union, providing it with the statutory authority to represent the employees in negotiations with the employer.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established