National Union of Workers v Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct

[2013] FWC 4044

[2013] FWC 4044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.236—Majority support determination

National Union of Workers
v
Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct.
(B2013/971)

COMMISSIONER GREGORY MELBOURNE, 21 JUNE 2013

[1] This matter concerns an application by the National Union of Workers (the Applicant) pursuant to s.236 of the Fair Work Act 2009 (the Act) for a majority support determination. It concerns employees of Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct (the Respondent) employed in its warehouse operation at Clayton in Victoria. Mr A. Portelli from the National Union of Workers appeared on behalf of the Applicant. Mr D. Proietto from Lander and Rogers was granted leave to appear on behalf of the Respondent pursuant to s.596 of the Act on the basis his involvement would enable the matter to be dealt with more effectively, given the complexity of the matters, and the ability of the Respondent to otherwise be able to represent itself effectively.

[2] During the proceedings it became evident that changes in the workforce at Clayton and, indeed, changes in the wording of a petition relied upon by the Applicant raised real issues about whether the Commission was able to be satisfied, as it must, pursuant to s.237(2) of the Act that a majority of the employees to be covered by the proposed agreement want to bargain. Given that situation the Applicant supported the matter being adjourned to enable it to review the evidence it sought to rely upon in regard to that aspect of its application.

[3] The Respondent indicated in response its preferred position was that the application be dismissed.

[4] Having considered the submissions of the parties I have decided that the matter will be adjourned for a period of 14 days from the date of this decision. It will be relisted again for hearing at short notice if a request is made by the Applicant for relisting within that 14 day period. If no such request is received within that period the application will be dismissed.

COMMISSIONER

Appearances:

A. Portelli of the National Union of Workers on behalf of the Applicant.

D. Proietto of Lander and Rodgers on behalf of the Respondent.

Hearing details:

2013.

Melbourne:

21 June.

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