United Workers’ Union

[2022] FWC 2329

[2022] FWC 2329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236—Majority support determination

United Workers’ Union

(B2022/1212)

COMMISSIONER O’NEILL MELBOURNE, 5 SEPTEMBER 2022

Application for a majority support determination

1. On 10 August 2022, the United Workers’ Union applied for a majority support determination under s.236 of the Fair Work Act 2009 (Cth) (the Act) in relation to Prompcorp Pty Ltd (the Respondent). The proposed enterprise agreement would cover employees of the Respondent who are engaged to perform cleaning duties at HMAS Cerberus, Crib Point VIC and West Head Gunnery Range, Flinders VIC who are covered by the Cleaning and Services Award 2020.

1. On 1 September 2022, on a confidential basis, the UWU provided petitions signed by employees of the Respondent stating that they wanted to bargain, and the Respondent provided a list of its employees who would be covered by the proposed agreement. A comparison of these two lists has satisfied me that a majority of relevant employees want to bargain for the proposed agreement. After notifying the parties of this assessment, the Respondent was given an opportunity to provide any further information to be taken into consideration otherwise the application would be determined based on the material before the Commission. No additional information was received.

1. Based on the material before the Commission, I am satisfied that a majority of employees who are employed and who will be covered by the proposed agreement want to bargain and that the group of employees is fairly chosen as they are organisationally, operationally, and geographically distinct. I am satisfied that the requirements of ss.236 and 237 of the Act have been met and that it is reasonable in all the circumstances to make the majority support determination.

1. Accordingly, the Commission determines as follows:

“A majority of employees employed by Prompcorp Pty Ltd who are engaged to perform cleaning duties at HMAS Cerberus, Crib Point VIC and West Head Gunnery Range, Flinders VIC, and who are covered by the Cleaning and Services Award 2020 wish to bargain for an enterprise agreement with their employer.”

1. Pursuant to s.237(4) of the Act, this majority support determination comes into operation on 5 September 2022. A Determination to this effect will be separately issued.

COMMISSIONER

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