National Union of Workers v National Tiles Pty Ltd
[2015] FWC 5278
•3 AUGUST 2015
| [2015] FWC 5278 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.236—Majority support determination
National Union of Workers
v
National Tiles Pty Ltd
(B2015/463)
COMMISSIONER LEE | MELBOURNE, 3 AUGUST 2015 |
Application by National Union of Workers for a majority support determination - National Tiles Pty Ltd - Ballot conducted by AEC - majority of employees wish to bargain - determination to issue.
[1] On 20 April 2015, the National Union of Workers (the Applicant) made application for a majority support determination in relation to warehousing and trades function employees of National Tiles Pty Ltd (the Respondent) located at what is known as a “super site” at 525 and 541 Graham Street, Port Melbourne, Victoria.
[2] On 16 June 2015, I issued an Interim Decision 1 which set out the application and submissions and evidence of the parties. After considering the matters before me, I determined that I was not satisfied on the evidence that the Applicant was a bargaining representative of at least one person to be covered by the agreement.
[3] My Interim Decision directed the Applicant to provide me with evidence that they are a bargaining representative of at least one employee who will be covered by the Agreement by no later than 23 June 2015. The Respondent was afforded the opportunity to be heard and was directed to advise my chambers by no later than 26 June 2015 whether they sought to be heard in relation to the matter.
[4] On 7 July 2015, I issued a Decision 2 which considered the submissions of the Applicant in relation to whether they were a bargaining representative of at least one employee to be covered by the Agreement. I determined that I was satisfied on the evidence that the Applicant was such.
[5] As foreshadowed in my Interim Decision, I then issued an Order 3 which directed the Australian Electoral Commission to conduct a secret ballot of employees. The question to be put to employees was;
“Do you want to bargain with National Tiles Pty Ltd for an enterprise agreement to apply to trade sales and warehouse employees located at 525 and 541 Graham Street, Port Melbourne, Victoria?”
[6] On 31 July 2015, the Australian Electoral Commission declared the results of the secret ballot. The results were as follows;
Number of employees on the roll of voters 21
Declaration Envelopes returned by eligible voters 14
Declaration Envelopes rejected at preliminary scrutiny 0
Declaration Envelopes admitted to scrutiny 14
Declaration Envelopes admitted to scrutiny that
did not contain a ballot paper 0
Ballot papers admitted to scrutiny 14
Percentage of persons on the roll who voted in the ballot 66.66%
Results
Question 1
Do you want to bargain with National Tiles Pty Ltd for an enterprise agreement to apply to trade sales and warehouse employees located at 525 and 541 Graham Street, Port Melbourne, Victoria?
Numbers of voters approving the action (Yes votes) 13
Numbers of voters not approving the action (No votes) 1
Number of informal ballot papers 0
[7] On the basis of the secret ballot conducted by the Australian Electoral Commission pursuant to my Order, I am satisfied that, as at 31 July 2015, a majority of employees who will be covered by the Agreement want to bargain (s.237(2)(a) of the Act).
[8] As outlined in my Interim Decision, I am satisfied that the employer that will be covered by the agreement has not yet agreed to bargain (s.237(2)(b)), and that the group of employees who will be covered by the agreement was fairly chosen (s.237(2)(c)).
[9] Taking into account all of the above, I consider it reasonable in all the circumstances to make the determination (s.237(2)(d)).
[10] Pursuant to section 237(1), I must make a majority support determination, which will operate from the date of this decision. A determination will now issue separately. 4
COMMISSIONER
1 [2015] FWC 3473
2 [2015] FWC 4412
3 PR569207
4 PR570086
Printed by authority of the Commonwealth Government Printer
<Price code A, PR570085>
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