Fair Work Act 2009

s.236 - Majority support determination

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

Coxons Group Australia Pty Ltd Trading AS Coxons Rockhampton

Application for a majority support determination - application granted - determination issued

• [1] On 12 December 2025, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) made an application to the Fair Work Commission (the Commission) under s.236 of the Fair Work Act 2009 (the Act) for a majority support determination in relation to certain employees of Coxons Group Australia Pty Ltd T/A Coxons Rockhampton (the Respondent).

• [2] The AMWU has sought the majority support determination be made by the Commission in respect of employees at the Respondent's Rockhampton premises who would be covered by the Manufacturing and Associated Industries and Occupations Award 2020 or the Vehicle Repair, Services and Retail Award 2020.

• [3] Section 236 and 237 of the Act set out the requirement for the making of a majority support determination:

(1) A bargaining representative of an employee who will be covered by a proposed single enterprise agreement may apply to the FWC for a determination (a majority support determination) that a majority of the employees who will be covered by the agreement want to bargain with the employer, or employers, that will be covered by the agreement.

(a) the employer, or employers, that will be covered by the agreement; and

(b) the employees who will be covered by the agreement."

237 When the FWC must make a 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

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

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

• [4] The AMWU provided the Commission with a copy of the petition that it had circulated and which was signed by the relevant employees of the Respondent. The petition was as follows:

The purpose of this petition is to demonstrate to the Fair Work Commission that a majority of employees working at Coxons Group's Rockhampton Workship wish to commence bargaining for an Enterprise Agreement with your employer, Coxons Group Australia Pty Ltd.

By signing this petition, you agree and understand that:

1. Your name will be provided to the Fair Work Commission on a confidential basis so that the Union can demonstrate that a majority of employees wish to commence bargaining; and
2. That the proposed agreement is to cover all blue-collar employees principally employed under the Manufacturing and Associated Industries and Occupations Award 2020 or the Vehicle Repair, Services and Retail Award 2020.
3. That in signing this petition, the Union has explained to you that the reason this petition is necessary is because, despite requests from the Union, your employer has refused to bargain and that the process to compel them to do so is set out in the Fair Work Act 2009 (Cth); and
4. You have not been compelled or in any way pressured to sign this petition; and
5. You have been provided with ample opportunity to ask questions of the Union prior to signing this petition.

• [5] The Respondent provided the Commission with a list of relevant employees.

• [6] After comparing the unredacted petition of the AMWU, with 20 employees' signatures against the list of names of 28 employees of the Respondent, I advised the parties that I was satisfied that a majority of the employees employed by the Respondent who will be covered by the Agreement want to bargain. I therefore enquired of the Respondent whether, on the basis of my satisfaction, it intended to issue a Notice of Employee Representational Rights (NERR) to employees to commence bargaining.

• [7] The Respondent advised that it opposed the AMWU's application. The Respondent stated that it received its first and only correspondence from the AMWU seeking to bargain on 1 December 2025, which included a deadline of 8 December 2025 for the Respondent to issue a NERR. The Respondent did not reply to this letter as it did not wish to respond to an imposed deadline as a first communication.

• [8] In correspondence to the Commission at 11:30am on 19 December 2025, the Respondent noted that it has never stated it is not prepared to bargain.

• [9] The Respondent submitted that point three of the AMWU's petition is false, because the AMWU had never made a request to bargain either verbally or in writing and no discussions in relation to bargaining had taken place before receiving correspondence on 1 December 2025. The Respondent noted that pursuant to s.237(2)(d) of the Act, the Commission cannot make a majority support determination if it is not satisfied that it is reasonable in all the circumstances to make the determination. The Respondent submitted that on the basis of false information included in the petition, the Commission cannot be satisfied that it is reasonable to make the determination.

• [10] The Respondent submitted that the AMWU should be directed by the Commission to repeat its petition to the relevant employees with accurate information before a majority support determination is made.

• [11] In correspondence to the Commission at 4:37pm on 19 December 2025, the Respondent stated that it would not be issuing a NERR to its employees.

• [12] The AMWU submitted that the requirements of s.237(2)(a)-(c) have been met. It argued that the Respondent's assertions about what should be required before the Commission makes a determination do not engage with the criteria in s.237 of the Act.

• [13] After reviewing the petition and the Respondent's employee list, I am satisfied that only relevant employees of the Respondent have signed the petition. I have found that a majority of these relevant employees signed the petition.

• [14] I am satisfied that a majority of the employees employed by the Respondent who will be covered by the proposed agreement want to bargain. I am satisfied that the Respondent has not yet agreed to bargain or initiated bargaining for the agreement. I am further satisfied that that the group of employees have been fairly chosen.

• [15] As to whether it is reasonable in all the circumstances to make the determination, if the employees were told by the AMWU that the Respondent had indicated that it did not wish to bargain, and this may not have been known at the time the employees signed the petition in late November 2025, it is now declared by the Respondent that it does not wish to bargain.

• [16] The Respondent refuses to issue a NERR; a position it is entitled to take. There is no utility in conducting a further petition of employees as the truth is declared - the Respondent does not wish to bargain with its employees. If it was uncertain in November 2025 as to whether the Respondent wished to bargain or not, it is now declared.

• [17] Where the Respondent demonstrates consternation that at the time the employees signed the petition it was not true that bargaining had been sought and refused on more than one occasion, or a petition was required to compel the Respondent to bargain, the Respondent's position that it does not wish to bargain is now firm and the AMWU has been compelled to put this application to the Commission to compel the Respondent to bargain. The relevant test time for determination is at my discretion, which I have determined to be of today's date.

• [18] For these reasons I am satisfied that it is reasonable in all of the circumstances to make the determination.

• [19] Given my findings above, I am required by s.237 of the Act to make a majority support determination. The determination [PR795340] will be issued separately. The determination will come into operation on the date on which it is made in accordance with s.237(4) of the Act.

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