National Union of Workers v Akzo Nobel Pty Ltd

[2016] FWC 8842

[2016] FWC 8842

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Akzo Nobel Pty Ltd
(B2016/1257)

COMMISSIONER ROE MELBOURNE, 8 DECEMBER 2016

Application for a majority support determination.

[1] The National Union of Workers (NUW) has applied for a majority support determination. The parties agree, and I am satisfied, that the application has been properly made (Section 236 of the Fair Work Act 2009 (the Act)) and that the employer who will be covered by the proposed agreement, Akzo Nobel Pty Ltd, has not agreed to bargain (Section 237(2)(b) of the Act).

[2] I am also satisfied and it is not disputed that the group of employees who will be covered by the agreement is fairly chosen (Section 237(2)(c)). In reaching this conclusion I am satisfied that the warehousing employees are in one distinct facility at 57 Barclay Road, Derrimut, Vic and are organisationally and operationally distinct from other managerial and/or administrative employees who are employed by Akzo Nobel Pty Ltd (Section 237(3A)). I am satisfied that there is nothing artificial about the selection of warehousing workers.

[3] I am also satisfied that the petition provided by the NUW demonstrates that a majority of the employees who are employed as warehouse employees by Akzo Nobel Pty Ltd want to bargain for an agreement. I requested that the employer provide details of the employees engaged as at 22 November 2016 as warehouse employees at 57 Barclay Road, Derrimut, Vic so that the list could be compared with the names on the petition supplied by the NUW. The signatures on the petition are all dated 22 November 2016. The company supplied the list on 6 December 2016 and also advised that no employees have commenced or departed in the period between 22 November 2016 and 6 December 2016.

[4] There are 10 employees on the list provided by the employer and 7 employees on the petition. All the names on the petition are found on the employer list. I am therefore satisfied that a majority of employees who would be covered by the proposed agreement have indicated that they want to bargain for an enterprise agreement which covers warehouse employees at 57 Barclay Road, Derrimut, Vic. I consider the petition a reasonable expression of the views of the majority of employees in the circumstances of this case.

[5] Consequently I am satisfied that a majority of the relevant employees wish to bargain for an enterprise agreement as at 22 November 2016. I am also satisfied that each of paragraphs (b), (c) and (d) of Section 237(2) of the Acthave been made out. As a result, pursuant to Section 237(1) I must make a majority support determination which will operate from the date of this decision.

Determination

[6] A majority of warehouse employees who perform work at 57 Barclay Road, Derrimut (Eligible Employees) who will be covered by the proposed Agreement want to bargain for an agreement with Akzo Nobel Pty Ltd (the Employer).

COMMISSIONER

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