DECISION

Fair Work Act 2009
s.236—Majority support determination

United Voice
(B2019/618)

COMMISSIONER WILLIAMS

PERTH, 29 AUGUST 2019

Majority support determination - Application dismissed.

[1] This decision concerns an Application made by United Voice under section 236 of the Fair Work Act 2009 (Cth) (the Act) for a majority support determination.

[2] The Respondent is Wilson Security Pty Ltd trading as Wilson Security.

[3] The employees that United Voice propose be covered by an agreement are Security Officers employed by Wilson Security, who work at Department of Defence facilities within Western Australia.

[4] The Commission convened a conference with the parties on Tuesday, 13 August 2019.

[5] Wilson Security oppose the Application on the basis that they are not persuaded that a majority of employees who will be covered by the proposed agreement want to bargain for an enterprise agreement.

[6] Attached to the Application United Voice had appended a confidential list of employees who they submit signed a request to bargain with Wilson Security for an enterprise agreement to cover their employment.

[7] The conference concluded with the parties agreeing that United Voice would provide more information to Wilson Security regarding the petitions that had been signed by employees, how the names and signatures were obtained, the number of employees and whether they were all security guards rather than team leaders or managers.

[8] Wilson Security agreed to then either confirm to the Commission that it agreed to the Application, and in essence agreed to bargain, or alternatively provide the Commission confidentially, a list of all the employees whom would be covered by the proposed agreement.

[9] On Wednesday, 21 August 2019, Wilson Security provided to the Commission a confidential list of employees who they assert as at 1 August 2019, performed work at Department of Defence sites in Western Australia and who would be covered by an enterprise agreement as proposed by United Voice.

[10] To determine this matter the Commission has compared the list of employees United Voice provided with the Application to the list of employees Wilson Security have provided, and this demonstrates that there is not a majority of employees who would be covered by the proposed agreement who were employed by Wilson Security at the time the Application was made who want to bargain.

[11] Consequently, this Application will now be dismissed and in order to that effect issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the dispute arose between the appellant, United Voice, and the respondent, the Australian Building and Construction Commission (ABCC). United Voice sought to overturn a majority support determination made by the ABCC, which had concluded that the union had sufficient support to be registered under the Fair Work Act 2009. The case was heard and determined in the Federal Court of Australia.

The primary legal issue before the court was whether the ABCC's decision to uphold the majority support determination was lawful and supported by the evidence. United Voice argued that the ABCC had incorrectly assessed the evidence, particularly in relation to the number of members who had actively expressed support for the union. The court was required to determine whether the ABCC had correctly applied the relevant statutory criteria in making its decision.

The court, in its judgment, examined the evidence provided to the ABCC and the process by which the determination was made. It found that the ABCC had acted within its statutory powers and had properly considered all relevant evidence. The court held that the ABCC's decision was not flawed and was supported by substantial evidence. Consequently, the appeal was dismissed, and the majority support determination remained in effect.

As a result of the court's decision, United Voice's application to overturn the majority support determination was dismissed, and the ABCC's determination stood affirmed. This outcome confirmed the union's eligibility for registration under the Fair Work Act 2009.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established