[2012] FWA 7484

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FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.236 - Application for a majority support determination

Australasian Meat Industry Employees Union, The
v
Somerville Retail Services
(B2012/1429)

COMMISSIONER ROE

MELBOURNE, 30 AUGUST 2012

Application for a majority support determination.

[1] This decision concerns an application for a majority support determination pursuant to section 236 of the Fair Work Act 2009 (the Act). The application was made by The Australasian Meat Industry Employees Union (AMIEU).

[2] The relevant provisions of the Act, sections 236 and 237, are as follows:

[3] The employer to be covered by the proposed enterprise agreement in respect of which the declaration is sought is Somerville Retail Services Pty Ltd (Somerville). The employees who would be covered by the proposed agreement are those employees who are employed to work in, or in connection with, the meat processing establishment at the employers’ premises at Somerville Retail Services Pty Ltd and who would be covered by the Meat Industry Award 2010. The AMIEU asserts that it is a bargaining representative for at least one of the relevant employees.

[4] The matter was heard on 2 and 30 August 2012. The AMIEU was represented by Mr C Buckley with Mr J Jones and Mr B Chalkley. Somerville was represented by Mr S Selleck, who was given leave to appear, with Mr P Simmons.

[5] At the initial hearing it was established that Somerville had not agreed to or initiated bargaining. I indicated that I was satisfied that the group of employees to be covered by the proposed agreement was fairly chosen and that, subject to the questions of the AMIEU’s status as a bargaining representative and whether there was majority support, it was reasonable in all of the circumstances to make the determination.

[6] The AMIEU provided two affidavits from Mr Jarrod Jones, a Union organiser, which satisfied me that it is a bargaining representative for at least one relevant employee. Somerville also provided an affidavit from Mr Paul Simmons, Human Resources Manager.

[7] At the initial hearing I had indicated that the method that I considered appropriate to establish whether a majority of employees wanted to bargain was to compare the petitions provided by the AMIEU with the list of employees provided by Somerville. Two petitions were provided to me by the AMIEU and a spreadsheet of employees was provided by Somerville.

[8] That comparison established that at least 127 of the 245 employees on Somerville’s list had signed the AMIEU petition. That is a majority. A spreadsheet of the comparison is attached. It is possible that the additional employees on the petition whose names could not be matched also support bargaining. Some of those employees may be able to be matched with the provision of additional information.

[9] Consequently I am satisfied that a majority of the relevant employees wish to bargain for an enterprise agreement. I am also satisfied that each of paragraphs (b), (c) and (d) of section 237(2) of the Act has been made out. As a result, pursuant to section 237(1) I must make a majority support determination. It is issued separately.

COMMISSIONER

Appearances:

Mr C Buckley with Mr J Jones and Mr B Chalkley for the AMIEU.

Mr S Selleck with Mr P Simmons for the Respondent.

Hearing details:

2012
Melbourne
August 2 & 30

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