Fair Work Act 2009

s.236 - Majority support determination

Construction, Forestry, Maritime, Mining and Energy Union

Application for a majority support determination - Boom Logistics Pty Ltd.

[1] On 5 March 2021, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) made an application to the Fair Work Commission (the Commission) for a majority support determination pursuant to section 236 of the Fair Work Act 2009 (Cth) (the Act) (the Application). The Application sought a determination in respect of employees employed by Boom Logistics Pty Ltd (the Employer) who perform work at the Boddington Gold Mine located at 47 Progress Way, East Rockingham, 6168, who are eligible to be members of the CFMMEU (Relevant Employees).

[2] Pursuant to s.586 of the Act, the CFMMEU is granted leave to amend the application to clarify that the employees to be covered by the proposed enterprise agreement are "...labourers (including but not limited to riggers), crane operators, tradesmen and supervisors (excluding administrative staff and senior management) engaged on the Mine".

[3] On 12 April 2021, at a conference of the parties, the Commission advised it proposed comparing the CFMMEU's petitions signed by employees to a list of Relevant Employees provided by the Employer for the purposes of enabling the Commission to determine whether or not a majority of the Relevant Employees wanted to bargain for an enterprise agreement with the Employer. Neither party objected to this approach.

[4] The CFMMEU provided the Commission with a number of individually signed petitions which each indicates the employee wants to bargain for an enterprise agreement with the Employer.

[5] The Employer provided the Commission with a list of names of all the Relevant Employees and their classifications.

[6] The Commission has carefully examined the petitions provided by the CFMMEU and cross-checked the signatories against the list of Relevant Employees provided by the Employer.

[7] As a result of the comparison, I am not satisfied there is a majority of Relevant Employees who have signed the petitions.

[8] In this circumstance, s.237(2)(a) of the Act has not been met and the application cannot be granted.

[9] Consequently, the Commission will dismiss the application. An order [PR728608] to that effect will now be issued.

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