United Voice (Applicant) v Alsco Pty Ltd (Respondent)

[2019] FWC 6944

[2019] FWC 6944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236—Majority support determination

United Voice

(Applicant)

v

Alsco Pty Ltd

(Respondent)

(B2019/671)

Deputy President Mansini MELBOURNE, 8 OCTOBER 2019

Majority support determination – whether majority wishes to bargain.

1. This decision concerns an application by United Voice for a determination to commence bargaining with Alsco Pty Ltd, known as a “majority support determination”, pursuant to s.236 of the Fair Work Act (Cth) 2009 (Act).

1. On or about 16 July 2019, United Voice on behalf of its members formally requested Alsco to initiate bargaining for an enterprise agreement, which was not agreed.

1. On 15 August 2019, United Voice applied to the Commission for a majority support determination. The application describes the employees who would be covered by the proposed enterprise agreement as:

“Employees who would otherwise be covered by the Dry Cleaning and Laundry Industry Award 2010 and who work at Alsco Linen 41-43 Miles St Mulgrave, Victoria”,

(Relevant Employees).

1. In the course of the proceedings, the parties agreed to a process for resolving the matters about which the Commission must be satisfied in order to determine the application in accordance with s.237. This included a secret ballot of the Relevant Employees to be conducted on 8 October 2019, being the time determined by the Commission in accordance with s.237(2)(a)(i).

1. As at 8 October 2019, there are 73 Relevant Employees, employed at the determined time and who would be covered by United Voice’s proposed agreement. Of those, 49 cast a valid vote.

1. In response to the statement “I wish to enter into Enterprise Agreement negotiations with Alsco Pty Ltd, Mulgrave Branch – Yes / No” the Relevant Employees responded as follows:

a)25 voted “yes”; and

b)24 voted “no”.

1. It follows that the Commission can not be satisfied that a majority of the Relevant Employees wants to bargain.

Conclusion

1. As I am not satisfied that a majority of the relevant employees want to bargain within the meaning of s.237(2)(a), I can not issue a determination under s.237(1) and the application is therefore dismissed.

DEPUTY PRESIDENT

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