Lion Pty Ltd trading as Little Creatures Geelong v "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
At a glance
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What happened
Lion Pty Ltd (trading as Little Creatures Geelong) and the Australian Manufacturing Workers’ Union (AMWU) were involved in a dispute regarding a proposed enterprise agreement for employees at the Little Creatures Brewery in Geelong, Victoria. The AMWU sought a majority support determination under the Fair Work Act. The Deputy President initially found the AMWU had standing to apply, believing an employee, Allan Ball, was a ‘Technical Officer’ as defined by the AMWU’s rules. The Deputy President also found a majority of employees wanted to bargain, the group was fairly chosen, and it was reasonable to make the determination. Lion appealed this decision.
What was decided
The Full Bench of the Fair Work Commission dismissed Lion’s appeal, but granted permission to appeal on the matter of the proper construction of the AMWU’s rules. The Deputy President’s original decision regarding the majority support determination was otherwise upheld. The Commission found the AMWU had standing because Allan Ball’s role fell within the definition of ‘technical officer’ in the AMWU’s rules. The bench also found that employee support for bargaining was genuine, the group was fairly chosen, and it was reasonable to make the determination, despite Lion’s arguments about misrepresentation and the scope of the agreement.
What it means for employers
Employers should carefully review union membership eligibility criteria and ensure they are accurately applied. Misrepresenting union membership or bargaining rights can undermine the validity of majority support determinations. When challenging a determination, employers need to provide clear evidence of misrepresentation or flawed reasoning.
What it means for employees
Employees should be aware of the requirements for a majority support determination and the potential impact on enterprise bargaining. Union members should ensure their eligibility for membership is accurate and understand the implications of signing petitions or expressing support for bargaining.
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