The Australian Workers' Union of Employees, Queensland v Peace Lutheran Church Gatton Inc T/A Anuha Services
[2011] FWA 4054
•27 JUNE 2011
[2011] FWA 4054 |
|
DECISION |
Fair Work Act 2009
s.236 - Application for a majority support determination
The Australian Workers' Union of Employees, Queensland
v
Peace Lutheran Church Gatton Inc T/A Anuha Services
(B2011/2978)
COMMISSIONER ASBURY | BRISBANE, 27 JUNE 2011 |
Bargaining - majority support determination.
[1] At a hearing on 22 June 2011, a determination was made pursuant to s.236 of the Fair Work Act 2009 (the Act), that a majority of employees of Peace Lutheran Church Gatton t/a Anuha Services (Anuha), who are employed as Transfer Station Operators in the Lockyer Valley Regional Council area, want to bargain. The application was made by the Australian Workers’ Union of Employees, Queensland (AWU).
[2] In support of the application, the AWU filed written submissions and a statement made by Ms Tracey Ann Sharpe, South West District Secretary. Written submissions were filed on behalf of Anuha. It was also indicated that representatives of Anuha did not wish to cross-examine Ms Sharp in relation to her witness statement.
[3] The employees sought to be covered by the proposed agreement are Tip Supervisors employed by Anuha. There are 12 persons employed in this capacity.
[4] A petition was tendered by the AWU indicating that ten of the 12 employees wish the AWU to undertake negotiations of their behalf, for a new enterprise agreement. The version of the petition tendered at the hearing included the names of employees who had signed the petition. A list of names of employees was tendered by Anuha. A comparison of the petition and the list indicates that all ten of the employees who have signed the petition are on the list provided by Anuha.
[5] Correspondence from Anuha tendered by the AWU indicates that Anuha has not agreed to bargain.
[6] The relevant employees are Tip Supervisors, engaged by Anuha to perform a contract with Lockyer Valley Regional Council, for the supervision of its transfer stations, and the collection of kerbside recycling.
[7] The AWU contends that it is reasonable for FWA to make the determination, on the basis that its members have raised a number of issues in relation to their pay and conditions of employment and that bargaining will enable employees to formulate claims to establish and clarify their entitlements. It is also submitted by the AWU that such employees are operationally and geographically distinct.
[8] Anuha opposed the making of the Order on a number of grounds. Essentially, Anuha raised doubts as to the integrity of the petition tendered by the AWU. It was also submitted that the application was discriminatory on the basis that it sought to exclude the majority of the Anuha workforce. Further, Anuha disputed that employee entitlements were unclear, and maintained that such entitlements are clearly set out in a number of modern awards.
[9] On the basis of the petition, I am satisfied that a majority of employees sought to be covered by the proposed agreement, want to bargain with the employer. I am also satisfied that the group of employees is operationally and geographically distinct.
[10] The AWU has provided details of employees who signed the petition, so that their identities can be verified. It is clear that a majority of the employees sought to be covered by the proposed agreement have signed the petition. After considering the material filed by the parties, and the Statement of Ms Sharpe, I am satisfied that the requirements of s.237 have been met. The Determination will be released with this Decision.
COMMISSIONER
Appearances:
Mr D. Broanda, Ms T. Sharpe and Mr C. Kajewski on behalf of the Australian Workers’ Union of Employees Queensland.
Mr R. Evelyn on behalf of Peace Lutheran Church Gatton t/a Anuha Services.
Hearing details:
2011.
Brisbane:
June 22.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR510909>
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