The Australian Workers' Union

[2014] FWC 5454

[2014] FWC 5454

FAIR WORK COMMISSION

DETERMINATION

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

The Australian Workers' Union
(B2014/935)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 12 AUGUST 2014

Application for a majority support determination.

[1] I have considered the submissions of the Australian Workers’ Union (AWU) and Foamco Industries Pty Ltd (Foamco). I have considered the evidence of Mr Skelton, AWU official.

[2] Foamco suggests that the passage of time since the petition 1was signed is such that I should not rely upon it until the intention of the various employees has been more recently confirmed. I am not persuaded that I should set aside the petition. There is no evidence before me that the employees who have been seeking an enterprise agreement have changed their mind. I can see no reason to set aside the stated intention of the employees who signed the petition and put them to the further trouble of a further petition.

[3] I have examined the petition 2 and the current list of employees provided by Foamco.3

[4] Iam satisfied that a majority of employees within the coverage of the AWU wish to bargain with their employer Foamco. I am satisfied that the requirements of the Fair Work Act 2009 have been met.

SENIOR DEPUTY PRESIDENT

 1   Confidential Exhibit AWU 1

 2   Confidential Exhibit AWU 1

 3   Confidential Exhibit Foamco 1

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