The Australasian Meat Industry Employees Union v Biogiene Pty Ltd

[2020] FWC 5078

[2020] FWC 5078

FAIR WORK COMMISSION

DECISION

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

The Australasian Meat Industry Employees Union
v
Biogiene Pty Ltd
(B2020/369)

COMMISSIONER CAMBRIDGE SYDNEY, 24 SEPTEMBER 2020

Application for a majority support determination.

[1] On 16 July 2020, the Australasian Meat Industry Employees Union(the AMIEU) made an application to the Fair Work Commission (the Commission) for a majority support determination pursuant to section 236 of the Fair Work Act 2009 (the Act). The application sought a determination in respect to members of the AMIEU employed by Biogiene Pty Ltd (the employer) at the Primo meat processing establishment, and who work as cleaners (relevant employees).

[2] The matter was listed for proceedings before the Commission on 29 July 2020. At these proceedings the AMIEU was represented by Mr J Schultz. The employer was represented by Ms T Falso, ANZ Human Resources Manager for the employer. The matter was adjourned to allow the employer to consider its position, and on Monday, 3 August 2020, the employer stated in an email to the Commission and also copied to the AMIEU, that they did not agree to bargain for an enterprise agreement. In an email response dated Friday, 7 August 2020, the AMIEU stated that the application for a majority support determination was pressed.

[3] The matter was listed for further proceedings on 21 August 2020, and Directions were issued for the filing and service of submissions and evidence.

[4] On 4 September 2020, the AMIEU provided the Commission with material which included an Outline of Submissions, Statutory Declarations of Donald Jayasinghe, Michael Holden and Stephen Aquilina and a petition signed by numerous individuals who were asserted to be relevant employees who had signed the petition indicating that they wanted to bargain for an enterprise agreement with the employer.

[5] On 14 September 2020, the employer provided the Commission with an Outline of Submissions and a list of names of all of the relevant employees for the purposes of enabling the Commission to determine whether or not the petition provided by the AMIEU, established that a majority of the relevant employees wanted to bargain for an enterprise agreement with the employer.

[6] The Commission has carefully examined the petition provided by the AMIEU and cross-checked the signatories against the list of relevant employees provided by the employer. The identifiable names on the petition have been cross-checked against the names appearing on the employee list.

[7] As a result of the Commission’s analysis of the identifiable names on the petition when cross-checked with the names appearing on the employee list, there is not a clear majority of identified relevant employees who have signed the petition.

[8] Therefore, as the requirements of subsection 237 (2) (a) of the Act have not been satisfied, the application must be refused.

COMMISSIONER

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