The Australian Workers' Union v Ampol Refineries (Qld) Pty Ltd Trading as Ampol

[2025] FWC 2913

[2025] FWC 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236—Majority support determination

The Australian Workers’ Union
v

Ampol Refineries (Qld) Pty Ltd Trading AS Ampol

(B2025/1438)

DEPUTY PRESIDENT LAKE BRISBANE, 1 OCTOBER 2025

Application for a majority support determination - Ampol Refineries (QLD) Pty Ltd

1. On 12 September 2025, the Australian Workers’ Union (the Applicant) applied to the Fair Work Commission (the Commission) seeking a majority support determination under s.236(1) of the Fair Work Act 2009 (Cth) (Act).

1. The Applicant is a bargaining representative of the group of workers employed by Ampol Refineries (Qld) Pty Ltd Trading AS Ampol (the Respondent) and is entitled under its registered rules to represent the industrial interests of those employees. The application complies with the requirements of s.236 of the Act.

1. I must consider the criteria provided under s.237 of the Act which provides the following:

“237      When the FWC must make a majority support determination

Majority support determination

(1)       The FWC must make a majority support determination in relation to a proposed single enterprise agreement if:

(a)       an application for the determination has been made; and

(b)       the FWC is satisfied of the matters set out in subsection (2) in relation to the agreement.

Matters of which the FWC must be satisfied before making a majority support determination

(2)       The FWC must be satisfied that:

(a)       a majority of the employees:

(i)           who are employed by the employer or employers at a time determined by the FWC; and

(ii)          who will be covered by the agreement;

want to bargain; and

(b)       the employer, or employers, that will be covered by the agreement have not yet agreed to bargain, or initiated bargaining, for the agreement; and

(c)       that the group of employees who will be covered by the agreement was fairly chosen; and

(d)       it is reasonable in all the circumstances to make the determination.

(3)       For the purposes of paragraph (2)(a), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.

(3A)     If the agreement will not cover all of the employees of the employer or employers covered by the agreement, the FWC must, in deciding for the purposes of paragraph (2)(c) whether the group of employees who will be covered was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.

Operation of determination

(4)       The determination comes into operation on the day on which it is made.”

1. Directions were issued to the parties on 17 September 2025 requesting the Applicant and the Respondent to provide evidence in confidence to my Chambers. The Applicant was requested to provide an unredacted copy of the petition signed by employees. The Respondent was requested to provide a list of employees of the Respondent perform work in the laboratory at the Respondent’s refinery at Lytton, Queensland. The Respondent was provided with an opportunity to object to the application by 24 September 2025.

1. The Respondent objected on 24 September 2025 on the basis, inter alia, that it appeared that only the Applicant’s members had been asked to sign the petition. On 26 September 2025, the Applicant confirmed that the petition had been widely circulated in the workplace and that the proposed agreement will cover all employees of the Respondent working in the laboratory at Lytton, Queensland.

1. The Respondent accepts, in its submissions, that it has not yet agreed to bargain and that the group of employees is fairly chosen.

1. Upon assessing the petition signed by employees provided by the Applicant together with the current list of employees from the Respondent, I am satisfied that the majority of employees of the Respondent who would be covered by the Agreement want to bargain in accordance with s.237(2)(a) of the Act. 17 out of the 27 employees of the Respondent who will be covered by the proposed agreement have signed a petition seeking a majority support determination.

1. At the date of this decision and the information before me, I am satisfied that the employer has not yet agreed to bargain.

1. I accept the Applicant’s submission the group of employees chosen is geographically, operationally and organisationally distinct.

1. As the above requirements have been met and no contentions were raised, I am satisfied that it is reasonable in all the circumstances to make a determination.

1. The Determination is issued separately in PR792265.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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