Transport Workers' Union of Australia v JJ Richards & Sons Pty Ltd

[2010] FWA 7805

[2010] FWA 7805

FAIR WORK AUSTRALIA

DECISION

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

Transport Workers' Union of Australia
v
JJ Richards & Sons Pty Ltd
(B2010/173)

COMMISSIONER CAMBRIDGE BRISBANE, 6 OCTOBER 2010

[1] This Decision is issued as confirmation of the ex-tempore determination made in this matter during proceedings held in Brisbane on 6 October 2010.

[2] On 13 September 2010, the Transport Workers’ Union of Australia (TWU) made application to Fair Work Australia (FWA) for a majority support determination pursuant to section 236 of the Fair Work Act (the Act). The application sought a determination in respect to members of the TWU employed as drivers by JJ Richards & Sons Pty Ltd (Richards), at the Sippy Downs depot.

[3] The matter was listed for Hearing in Brisbane today, 6 October 2010. At the Hearing the TWU was represented by Mr A Carter and Ms J Aitken. Unfortunately there was no appearance by or on behalf of Richards and the TWU was apparently advised only shortly before the commencement of the Hearing that the application was not contested. FWA has received no advice as to the position taken by Richards in the matter.

[4] At Hearing Mr Carter called Mr Edward Taylor, an organiser with the TWU, to give witness evidence. Mr Taylor provided a witness statement (Exhibit 1) and identified a petition (Exhibit 2), signed by 35 individuals who are identified as drivers employed by Richards at the Sippy Downs depot. The petition sought signatories who wished to bargain for an enterprise agreement. The evidence of Mr Taylor was that he understood that there were approximately 38 employees of Richards working at or from the Sippy Downs depot.

[5] Having regard for the evidence provided by Mr Taylor, particularly the material contained in Exhibits 1 and 2, I am satisfied that the provisions of ss. 236 and 237 of the Act have been met and therefore the application should be granted.

Majority Support Determination

[6] Consequently, FWA determines that a majority of employees of JJ Richards & Sons Pty Ltd engaged as truck drivers at the Sippy Downs depot wish to bargain for an enterprise agreement.

[7] This majority support determination operates on and from today, 6 October 2010.

COMMISSIONER

Appearances:

Mr. A. Carter and Ms. J Aitken on behalf of the Transport Workers’ Union of Australia.

JJ Richards & Sons Pty Ltd unrepresented.

Hearing details:

Brisbane, Wednesday 6 October 2010.

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