Retail and Fast Food Workers Union Incorporated v Readings Pty Ltd
[2021] FWC 3116
•31 MAY 2021
| [2021] FWC 3116 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.236—Majority support determination
Retail and Fast Food Workers Union Incorporated
v
Readings Pty Ltd
DEPUTY PRESIDENT YOUNG | MELBOURNE, 31 MAY 2021 |
Readings Pty Ltd - all employees.
[1] The Retail and Fast Food Workers Union Incorporated (RAFFWU) seeks to bargain with Readings Pty Ltd for an enterprise agreement covering all employees. Readings Pty Ltd has not agreed to bargain or initiated bargaining.
[2] RAFFWU has applied for a majority support determination in relation to all employees of Readings Pty Ltd.
[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 permanent employees of Readings Pty Ltd who were employed during the fortnight ending on Sunday 30 May 2021 as well as casual employees rostered to work one or more shifts during that fortnight.
[6] Unless you opt out of TrueVote receiving your personal email and mobile phone number for the purposes of the ballot, you will shortly be contacted by TrueVote with information about how and when you can vote. Voting will open at 9.00am on 18 June 2021 and will close at 9.00am on Friday 25 June 2021. You can vote at any time during this period and 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, Readings Pty Ltd, and all employees?
[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 RAFFWU and Readings Pty Ltd 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 Deputy President Young by email at [email protected].
[12] You can opt out of TrueVote receiving your personal email address and mobile phone number by writing to the Chambers of Deputy President Young by email at [email protected] before 9am on Wednesday 9 June 2021 and stating you do not wish to have your personal email address or mobile phone number provided to TrueVote. If you opt out, and you don’t have a work email address, you will not be able to vote in the ballot.
DEPUTY PRESIDENT
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