AWU wins 1st worker majority ruling

Date: 13 August 2009

The AWU Victorian Branch has won Australia's first legal ruling confirming that a majority of workers want to bargain collectively with their employer in a test case on the new Fair Work laws.

The independent umpire Fair Work Australia (FWA) made its first Majority Support Determination after the AWU lodged a petition signed by most workers at Invocare Australia's Victorian funeral parlours saying they want to bargain collectively.

Win for workers' democratic rights

AWU State Secretary Cesar Melhem welcomed the decision as a victory for Australian workers' democratic right to get together and to bargain for better wages and conditions, even if their employer may be reluctant to do so.

"I'm very pleased that our detailed consultations with workers and careful legal preparations for this case have avoided previous delays and cleared the way for our members to get on with negotiating a better workplace agreement", Mr Melhem said.

Bring employers to the negotiating table

"This test case shows how the new Fair Work Act gives stronger power to workers who stick together and can bring employers to the negotiating table", he said.

"Under the Liberal Party's scrapped WorkChoices system, no workers had this right and instead were being forced onto sub-standard individual AWAs, even when a democratic majority of them wanted a collective agreement", Mr Melhem said.

Petition demonstrated overwhelming majority wanted AWU representation

"The AWU will now be working to ensure workers benefit from another right under the new system - for their employer to bargain with them in good faith."

Yesterday's Determination by FWA Commissioner Diane Foggo is the first under section 236 of the Fair Work Act, which came into effect on 1 July. In the petition the overwhelming majority of workers also say they wish to appoint the AWU as their Bargaining Representative in the negotiations.

The ruling covers around 70 funeral directors, funeral directors' assistants, embalmers and trainee embalmers working at InvoCare Australia's Victorian parlours including Le Pine, White Lady, Simplicity, Mulqueen and Value Funerals.

For further information

Contact:	Cesar Melhem
Union:	AWU Victorian Secretary
WWW:	http://www.awu.net.au/

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