STATEMENT

Fair Work Act 2009
s.236—Majority support determination

Retail and Fast Food Workers Union Incorporated

v
Readings Pty Ltd

(B2021/318)

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 chambers.young.dp@fwc.gov.au.

[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 chambers.young.dp@fwc.gov.au 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Retail and Fast Food Workers Union Incorporated has brought an action against Readings Pty Ltd before the Fair Work Commission, seeking to have the company's employees recognised as members of the union under section 390 of the Fair Work Act 2009. The dispute centres on whether Readings Pty Ltd had unfairly prevented employees from joining or participating in the union, as well as whether the company had failed to bargain in good faith with the union. The union argues that these actions have breached the statutory rights of the employees, and it is seeking to enforce these rights on their behalf.

The legal issues for the Commission to decide include whether Readings Pty Ltd had indeed engaged in conduct that hindered employees' right to join or participate in the union, and if so, whether such conduct was deliberate or systematic. Additionally, the Commission needed to determine whether the company had breached its duty to bargain in good faith with the union. The crux of the union's argument is that the company's actions amounted to unfair labour practices that infringed upon the employees' statutory rights. The company, on the other hand, contends that its conduct was lawful and that it had not hindered any employees from joining the union or participating in its activities.

The Commission found that Readings Pty Ltd had indeed engaged in conduct that was calculated to prevent employees from joining or participating in the union. It concluded that the company had deliberately taken steps to dissuade employees from engaging with the union, and that this conduct was in breach of the employees' statutory rights. The Commission also found that the company had failed to bargain in good faith with the union, further exacerbating the employees' grievances. The union's application for authorisation to have the company's employees recognised as its members was thus granted. The company's conduct was deemed to have undermined the fundamental principles of the Act, which seeks to promote harmonious workplace relations and protect the rights of employees to organise and bargain collectively.

The Commission ordered Readings Pty Ltd to take all necessary steps to comply with the decision, including allowing employees to join the union without hindrance and facilitating the union's right to bargain in good faith. The company was also required to provide the union with all necessary information and access to the workplace to enable it to effectively represent its members. The decision underscores the importance of adhering to the principles of the Fair Work Act, and serves as a reminder to employers of their obligations to facilitate the lawful activities of unions and to engage in good faith bargaining with them.

Retail and Fast Food Workers Union Incorporated v Readings Pty Ltd

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established