United Workers' Union v Crown Sydney Gaming Pty Ltd

[2022] FWC 2477

[2022] FWC 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236 - Application for a majority support determination

United Workers' Union
v

Crown Sydney Gaming Pty Ltd

(B2022/1276 & B2022/1277)

DEPUTY PRESIDENT CROSS SYDNEY, 16 SEPTEMBER 2022

Application for a Majority Support Determination

1. The United Workers Union (the UWU) made an application (the Application) to the Fair Work Commission (the Commission) for a Majority Support Determination. The application was made pursuant to section 236 of the Fair Work Act 2009 (the Act). The application sought a determination in respect to members of the UWU employed by Crown Sydney Gaming Pty Ltd (the Employer) and employed in positions that would otherwise be covered by the Hospitality Industry (General) Award 2020.

1. The matter was listed for Conference by Microsoft Teams before me on 12 September 2022. At these proceedings the UWU was represented by Ms H Mifflin. The employer was represented by Mr C. Power of Holding Redlich Solicitors, who was granted permission to appear on behalf of the Employer with Ms L Carinci, Human Resources Manager.

1. The UWU referred to the grounds in support of the making of a majority support determination and submitted that copy of a petition of relevant employees clearly established that a majority of relevant employees sought to bargain for a proposed agreement.

1. The Employer agreed to provide the Commission with a list of employees who are employed in positions identified in the Application, in order to allow the Commission to assess whether those employees who had signed the petition of relevant employees represented a majority of the employees to be covered by the proposed agreement.

1. Having compared the petition of relevant employees, and the list of employees, I am satisfied that:

(a)a majority of the relevant employees want to bargain:

(b)the employer has not yet agreed to bargain:

(c)the group that comprises the relevant employees has been fairly chosen and:

(d)that it is reasonable in all circumstances to make the Majority Support Determination.

1. Consequently, the Commission has separately issued a Majority Support Determination.

1. This Majority Support Determination operates on and from today, 16 September 2022.

DEPUTY PRESIDENT

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