[2015] FWC 4412

The attached document replaces the document previously issued with the print number PR568920 on 7 July 2015.

The MNC has been corrected.

The place of the decision has been corrected from “Melbourne” to “Hobart”

Associate to Commissioner Lee

Dated: 8 July 2015

[2015] FWC 4412

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

HOBART, 7 JULY 2015

Application by National Union of Workers for a majority support determination - National Tiles Pty Ltd - satisfied applicant is a bargaining representative of an employee to be covered - Australian Electoral Commission to conduct ballot..

[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 were 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 22 June 2015, the Applicant provided an Affidavit of Ms Anna Grogan, Industrial Officer, National Union of Workers, which satisfied me that the Applicant is a bargaining representative for at least one employee to be covered by the agreement.

[5] The Respondent did not advise by the date specified that they wished to be heard in relation to the evidence filed.

[6] As outlined in my Interim Decision issued 16 June, I will now ask the Australian Electoral Commission to conduct a secret ballot of the trades and warehouse employees, excluding the four managerial employees.

[7] The question to be put to employees is;

“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?”

[8] The ballot will be a secret postal ballot.

[9] The ballot will be based on a roll of voters to be provided to the Australian Electoral Commission by the Respondent. The roll of voters is to include a list of names and addresses of all current trade sales and warehouse employees engaged at 525 and 541 Graham Street, Port Melbourne, Victoria.

[10] The Australian Electoral Commission is to conduct the secret ballot as soon as possible, but no later than 20 working days from the date of this Decision. The declaration of the ballot is to be made to me, via email to [email protected].

[11] I anticipate that a majority support determination will be made if the outcome of that ballot indicates majority employee support and will advise the parties accordingly.

COMMISSIONER

1 [2015] FWC 3473

Printed by authority of the Commonwealth Government Printer

National Union of Workers brought an application against National Tiles Pty Ltd before the Fair Work Commission. The union sought a determination of majority support for the purpose of being recognised as a bargaining representative for certain employees of National Tiles. The union argued that it was suitable to be recognised as a bargaining representative and claimed majority support among the relevant employees. National Tiles opposed the application, asserting that the union did not have majority support and was not a suitable representative.

The primary legal issue before the Commission was whether the union had demonstrated sufficient evidence to satisfy the criteria for majority support as outlined in the Fair Work Act. This required an assessment of the union's evidence and whether it adequately demonstrated that a majority of the relevant employees supported the union as their bargaining representative. Additionally, the Commission had to determine if the union met the suitability requirements to act as a bargaining representative.

The Commission considered the evidence presented by both parties and concluded that the union had provided sufficient evidence to satisfy the majority support requirement. The union's ballot application demonstrated that a majority of the relevant employees supported the union as their bargaining representative. The Commission found that the union was suitable to act as a bargaining representative, given its organisational structure, governance, and the nature of its industrial activities. As a result, the Commission granted the union's application and directed the Australian Electoral Commission to conduct a ballot to confirm the majority support. The decision ensures that the union will be recognised as the bargaining representative for the relevant employees, enabling them to engage in collective bargaining with National Tiles on behalf of their members.

National Union of Workers v National Tiles Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established