Textile, Clothing and Footwear Union of Australia v Kennon Auto Pty Ltd

In the Fair Work Commission, the Textile, Clothing and Footwear Union of Australia brought an application against Kennon Auto Pty Ltd for a majority support determination. The Union sought to represent the employees of the company for the purposes of collective bargaining. The company opposed the application, arguing that the Union did not have sufficient support among the employees.

The legal issues before the Commission were whether the Union had demonstrated majority support among the employees, and whether the application complied with the relevant statutory provisions. The Commission needed to determine whether the Union had provided sufficient evidence to establish that a majority of the relevant employees wished to be represented by the Union.

The Commission found that the Union had not provided sufficient evidence to establish majority support. The Union had relied on a series of unsigned membership forms, which were not sufficient to demonstrate that the employees wished to be represented by the Union. The Commission noted that the employees had not been given an opportunity to express their views on the application, and that the Union had not taken reasonable steps to ascertain the views of the employees. The Commission concluded that the Union had not satisfied the requirements of the statute, and dismissed the application.

The Commission did not make any orders, as the application was dismissed. The Union was not authorised to represent the employees of Kennon Auto Pty Ltd for the purposes of collective bargaining.