The Fair Work Commission has ordered Ampol to commence enterprise bargaining after finding strong employee support to bargain, despite the employer arguing that the supporting petition was too old to be reliable.
The Fair Work Commission has granted a majority support determination (MSD) requiring Ampol Australia Petroleum Pty Ltd to commence enterprise bargaining with the Australian Workers’ Union (AWU) for employees at its Kurnell Terminal.
The proposed agreement would cover Operations Coordinators working at the Kurnell Terminal, a petroleum storage and distribution facility. Ampol opposed the application, arguing the Commission could not be satisfied that a majority of employees currently wanted to bargain.
To demonstrate employee support, the AWU relied on a petition signed by employees expressing their desire to negotiate an enterprise agreement.
The petition stated that the employees wished to bargain with their employer and nominated the AWU as their bargaining representative.
Key figures from the evidence included:
- 31 employees in the relevant Operations Coordinator group
- 29 employees who signed the petition
- the petition signatures collected between 12 and 21 May 2025
This meant that 93% of the workforce in the relevant group had indicated support for bargaining.
Ampol did not dispute that the employees signed the petition. Instead, it argued that the petition could not be relied upon because the union waited several months before filing the application.
According to Ampol, the Commission needed current and reliable evidence of employee support at the time of the decision.
FWC Decision and Reasoning
Commissioner Walkaden rejected Ampol’s arguments and found that a majority of employees still wanted to bargain.
The Commission confirmed that the relevant question is whether a majority of employees want to bargain at the time of the decision, assessed using the most current material available.
While the petition had been signed several months earlier, the Commission accepted additional evidence from an AWU workplace delegate that employee support for bargaining remained strong.
The delegate regularly discussed bargaining with co-workers and told the Commission that employees were still overwhelmingly supportive of negotiating an enterprise agreement. In fact, the delegate believed that support had increased to the point that it would now be unanimous if another petition were circulated.
The Commission placed significant weight on this evidence because the delegate regularly spoke with employees and had direct insight into their views.
Ampol also criticised the process used to collect the petition signatures, arguing that:
- the union organiser did not personally observe employees signing,
- employees may not have fully understood the bargaining process, and
- the petition did not explain the details or consequences of enterprise bargaining.
The Commission rejected these arguments, noting that the Fair Work Act does not prescribe any specific method for establishing majority support. The Commission has a broad discretion to determine whether a majority of employees want to bargain using any appropriate method.
The petition was written in clear language and was considered an authentic expression of employee views.
Because the Commission was satisfied that a majority of employees wanted to bargain, it was required under the legislation to make the majority support determination.
Key Takeaways for Employers
- Petitions can trigger bargaining obligations. A signed petition can be sufficient evidence that employees want to bargain for an enterprise agreement.
- Timing alone may not invalidate employee support. Even if signatures were collected months earlier, the Commission may still rely on them if other evidence shows support continues.
- The Commission has broad discretion. It can rely on petitions, employee testimony, or other evidence to determine whether a majority of employees want to bargain.
- Majority support determinations compel bargaining. Once granted, employers must engage in enterprise bargaining in accordance with the good faith bargaining requirements.
Strengthen Your Bargaining Process
Majority support disputes often arise not because of the outcome, but because of how employee support is established and evidenced. Informal methods such as petitions can create uncertainty, particularly where timing, verification, or employee understanding is challenged.
At IRBLOTS, we support employers with structured, independent, and defensible workforce processes. From enterprise agreement ballots to employee engagement mechanisms, our systems are designed to provide transparency, accuracy, and confidence in your outcomes.
Planning a workforce vote or preparing for enterprise bargaining? Contact us to get started.
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