Australian Municipal, Administrative, Clerical and Services Union v Probe Operations Pty Ltd

[2020] FWC 2493

[2020] FWC 2493

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.236 - Application for a majority support determination

Australian Municipal, Administrative, Clerical and Services Union
v
Probe Operations Pty Ltd
(B2019/1154)

COMMISSIONER MCKINNON MELBOURNE, 12 MAY 2020

[1] For approximately twelve months, the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the United Workers’ Union (UWU) have been seeking to bargain with Probe Operations Pty Ltd for an enterprise agreement covering call centre employees. Probe does not want an enterprise agreement and has not agreed to bargain.

[2] The ASU has applied for a majority support determination in relation to employees of Probe employed in positions covered by the Contract Call Centre Award 2010 and who are ordinarily based at Probe’s call centre at 12 Shelley Street Richmond.

[3] A majority support determination is an order of the Commission which effectively commences bargaining between an employer and its employees for an enterprise agreement. An order can only be made if, among other things, I am satisfied that a majority of relevant employees want to bargain with their employer.

[4] An electronic ballot will be conducted to establish whether a majority of relevant employees want to bargain for an enterprise agreement. The ballot will be conducted by TrueVote Pty Ltd, an independent ballot agent.

[5] You are receiving this Statement because you have been identified as a person who is entitled to vote in the ballot. Eligible employees are:

a. permanent employees of Probe Operations Pty Ltd who were employed during the fortnight ending on Thursday 30 April 2020 as well as casual employees rostered to work one or more shifts during that fortnight; and

b. who are covered by the Contract Call Centre Award 2010; and

c. whose work location during the fortnight was ordinarily based at 12 Shelley Street Richmond, Victoria.

[6] You will shortly be contacted by TrueVote with information about how and when you can vote. Voting will open at 9.00am on Monday 18 May 2020 and will close at 9.00am on Wednesday 20 May 2020. If you are rostered to work during this time, you can vote during working hours.

[7] The question in the ballot will be:

“Do you want to bargain for an enterprise agreement covering your employer, Probe Operations Pty Ltd, and call centre employees ordinarily based for work at 12 Shelley St, Richmond?”

[8] The only valid responses to the ballot will be "Yes" or "No". Voting is voluntary.

[9] The overall result of the ballot will be disclosed to the ASU and Probe but your individual vote will be confidential and will not be disclosed except to the Commission.

[10] Once the result of the ballot is known, I will decide whether to make a majority support determination.

[11] If you have any questions about this Statement or the ballot, please carefully read the information provided by TrueVote. If you still have questions that cannot be resolved by calling TrueVote’s voter help desk, you can contact the Chambers of Commissioner McKinnon by email at [email protected].

COMMISSIONER

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