United Workers' Union v Crown Sydney Gaming Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) filed an application with the Fair Work Commission (FWC) under section 236 of the Fair Work Act 2009, requesting a majority support determination for employees employed by Crown Sydney Gaming Pty Ltd (Crown Sydney). These employees, who were covered by the Hospitality Industry (General) Award 2020, were represented by the UWU. The application aimed to ascertain whether the UWU had the necessary majority support to engage in bargaining on behalf of the employees. The matter was heard via Microsoft Teams on 12 September 2022. The UWU was represented by Ms H Mifflin, while Crown Sydney was represented by Mr C. Power of Holding Redlich Solicitors, who appeared alongside Ms L Carinci, the Human Resources Manager.

The primary legal issue before the FWC was whether the UWU could demonstrate that a majority of the employees it sought to represent had signed a petition in support of the proposed agreement, thus establishing their support for the union to act as their bargaining agent. Additionally, the FWC needed to determine if Crown Sydney had agreed to bargain with the UWU and whether the group of employees identified by the UWU was fairly chosen. The FWC also had to assess if it was reasonable to issue the majority support determination under the circumstances.

After reviewing the petition and the list of employees provided by Crown Sydney, the FWC concluded that a majority of the relevant employees had indeed expressed their support for the proposed agreement by signing the petition. The employer had not yet agreed to bargain with the UWU. Furthermore, the FWC found that the group of employees in question had been fairly chosen and that issuing the majority support determination was reasonable under the circumstances. Consequently, the FWC issued a majority support determination, effective from 16 September 2022.

The final orders of the FWC included the issuance of a majority support determination in favor of the UWU, enabling them to act as the bargaining agent for the employees of Crown Sydney covered by the Hospitality Industry (General) Award 2020.

United Workers' Union v Crown Sydney Gaming Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established