Transport Workers' Union of Australia v Jr & EG Richards Administration Pty Ltd T/A Jr Richards & Sons

[2016] FWC 3093

[2016] FWC 3093

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
JR & EG Richards Administration Pty Ltd T/A JR Richards & Sons
(B2016/494)

DEPUTY PRESIDENT BULL SYDNEY, 18 MAY 2016

s.236 Majority Support Determination - AEC to conduct Ballot of employees.

[1] On 13 May 2016 I issued an Order [PR580309] requiring the Australian Electoral Commission (AEC) to conduct a ballot of employees of JR & EG Richards Administration Pty Ltd T/A JR Richards & Sons who were employed as drivers at the Rutherford depot. The purpose of the ballot was to establish whether a majority of employees wished to engage in enterprise bargaining negotiations.

[2] Relevantly, my Order of 13 May 2016 specified that the AEC was to conduct the ballot (within 20 days) as it determined appropriate and that the individual views of employees was to remain confidential.

[3] On 17 May 2016, the AEC wrote to the Fair Work Commission (FWC) stating that it had liaised with both the employer and the Transport Workers Union (TWU) as to how the ballot should be conducted.

[4] In its correspondence of 17 May 2016, the AEC informed that the TWU had requested the vote be conducted via a postal ballot. It appeared from the correspondence of the AEC that the AEC had determined that a postal ballot was the most appropriate method for the conduct of the ballot. As such, the AEC requested that to ensure sufficient time for voters to return their ballot material, the date by which the ballot was to close be extended from 20 days to 30 days from the date of 13 May 2016.

[5] On 17 May 2016, I wrote to the parties and asked them to provide any comment on the AEC’s request by 12 noon 18 May 2016. As at 3:00pm 18 May 2016 neither party has raised an objection to the AEC’s request.

[6] In the circumstances, I consider it fair to extend the date by which the ballot closes to 30 days from 13 May 2016. An Order [PR580422] reflecting this amendment is issued concurrently with this decision.

DEPUTY PRESIDENT

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