Fair Work Act 2009

s.236 - Application for a majority support determination

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)-Queensland Branch

Application for a majority support determination - application granted

• [1] On 25 July 2025 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (the Commission) for a Majority Support Determination.

• [2] The AMWU made the application pursuant to section 236 of the Fair Work Act 2009 (Cth) (the Fair Work Act). It is necessary to have regard to the requirements in section 237 of the Fair Work Act, in deciding the application.

• [3] The application sought a determination in respect to members of the AMWU employed by Oji Fibre Solutions (Qld) Pty Ltd (the Employer) and employed in positions that would otherwise be covered by the Graphic Arts, Printing and Publishing Award 2020. In support of the application the AMWU filed a statement of Mr Daniel Dougherty, Assistant State Secretary of the AMWU's Queensland and Northern Territory Branch, annexing correspondence from the Employer, and a petition signed by employees.

• [4] I conducted a conference with the parties on 26 August 2025. The AMWU appeared, as did the Employer, which was represented by Ai Group.

• [5] The facts underpinning the application were not in contest. The Employer accepted that a majority of employees sought to bargain. Though it considered it had not been in a position to positively agree to commence bargaining for reasons set out in the correspondence annexed to Mr Dougherty's statement, the Employer did not oppose the majority support determination.

• [6] In those circumstances, and having regard to the parties' submissions and the uncontested materials before me, I am satisfied that a majority of the relevant employees want to bargain, the Employer has not yet agreed to bargain, the group that comprises the relevant employees has been fairly chosen and it is reasonable in all circumstances to make the Majority Support Determination.
• [7] In the petition annexed to Mr Dougherty's application, the last of the signatures were collected on 22 July 2025. On this basis, I determine the date for the purposes of s.237(2)(a)(i) to be 22 July 2025.

• [8] I am satisfied that the requirements of s.237 of the Fair Work Act have been met, and having determined that the date for the purposes of sub-paragraph 237(2)(a)(i) is 22 July 2025, I am required by subsection 237(1) to make a majority support determination.

• [9] The determination is issued separately in PR791104.

Ms P. Nguyen and Mr D. Dougherty for the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Mr D. Cross of Ai Group for and Ms N. Washbourn of Oji Fibre Solutions (Qld) Pty Ltd

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