United Workers' Union v Sydney Night Patrol & Inquiry Co Pty Ltd T/A Certis Security Australia

[2024] FWC 1251

[2024] FWC 1251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236—Majority support determination

United Workers’ Union
v

Sydney Night Patrol & Inquiry Co Pty Ltd T/A Certis Security Australia

(B2024/485)

DEPUTY PRESIDENT LAKE BRISBANE, 14 MAY 2024

Application for a majority support determination – employees of the Respondent who are covered by the Security Services Industry Award 2020 and who perform work at, or in connection with, the respondent’s contract to provide security services to Qantas Freight Enterprises within the Brisbane Airport Precinct – application granted – determination made.

1. On 23 April 2024, the United Workers’ Union (the Applicant) applied to the Fair Work Commission (the Commission) seeking a majority support determination under s.236(1) of the Fair Work Act 2009 (Cth) (Act). The Applicant is a bargaining representative of the group of workers employed by Sydney Night Patrol & Inquiry Co Pty Ltd T/A Certis Security Australia (the Respondent).  The Respondent has not commenced bargaining with the employees seeking the Determination.

1. The Applicant is a bargaining representative of the employees in question and is entitled under its registered rules to represent the industrial interests of the employees in question. The Application complies with the requirements of s.236 of the Act and there is no contention from the parties.

1. As a result, I must consider the criteria provided under s.237 of the Act which provides the following:

“237      When the FWC must make a majority support determination

Majority support determination

(1)       The FWC must make a majority support determination in relation to a proposed single enterprise agreement if:

(a)       an application for the determination has been made; and

(b)       the FWC is satisfied of the matters set out in subsection (2) in relation to the agreement.

Matters of which the FWC must be satisfied before making a majority support determination

(2)       The FWC must be satisfied that:

(a)       a majority of the employees:

(i)           who are employed by the employer or employers at a time determined by the FWC; and

(ii)          who will be covered by the agreement;

want to bargain; and

(b)       the employer, or employers, that will be covered by the agreement have not yet agreed to bargain, or initiated bargaining, for the agreement; and

(c)       that the group of employees who will be covered by the agreement was fairly chosen; and

(d)       it is reasonable in all the circumstances to make the determination.

(3)       For the purposes of paragraph (2)(a), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.

(3A)     If the agreement will not cover all of the employees of the employer or employers covered by the agreement, the FWC must, in deciding for the purposes of paragraph (2)(c) whether the group of employees who will be covered was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.

Operation of determination

(4)       The determination comes into operation on the day on which it is made.”

1. Directions were issued to the parties on 24 April 2024 requesting the Respondent provide a list of employees from Sydney Night Patrol & Inquiry Co Pty Ltd.  The Respondent provided a confidential list of employees who would be covered by the proposed enterprise agreement.

1. Upon assessing this information, I am satisfied that the majority of employees want to bargain in accordance with s.237(2)(a) of the Act. 6 out of the 11 employees covered by the proposed agreement have signed a petition seeking a majority support determination.

1. At the date of this decision and the information before me, I am satisfied that the employer has not yet agreed to bargain, and that the group of employees who will be covered by the agreement was fairly chosen. This was not disputed by the Respondent.

1. As the above requirements have been met and no contentions were raised, I am satisfied that it is reasonable in all the circumstances to make a determination.

1. The Determination is issued separately in PR774965.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR774964>