United Workers' Union v Tusk Group Pty Ltd T/A Tusk Group

[2022] FWC 916

[2022] FWC 916

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.236—Majority support determination

United Workers’ Union
v

Tusk Group Pty Ltd T/A Tusk Group

(B2022/271)

DEPUTY PRESIDENT YOUNG MELBOURNE, 20 APRIL 2022

Electronic ballot of employees of Tusk Group Pty Ltd. Tusk Group Pty Ltd

1. The United Workers Union (UWU or the Union) seeks to bargain with Tusk Group Pty Ltd (Tusk) for an enterprise agreement covering all employees of Tusk performing warehousing functions at the Toll Kmart distribution centre located 2-12 Banfield Court, Truganina VIC. Tusk has not agreed to bargain or initiated bargaining.

1. The UWU has applied for a majority support determination in relation to those employees.

1. 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.

1. 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 CiVS, an independent ballot agent.

1. You are receiving this Statement because you have been identified as a person who is entitled to vote in the ballot. Eligible employees are casual employees of Tusk who were employed and rostered to work during the fortnight ending on 18 May 2022.

1. Unless you opt out of CiVS receiving your personal email and mobile phone number for the purposes of the ballot, you will shortly be contacted by CiVS with information about how and when you can vote. Voting will open at 9.00am on 4 May 2022 and will close at 9.00am on 18 May 2022.

1. The question on the ballot will be:

“Do you want to bargain for an enterprise agreement covering your employer, Tusk Group Pty Ltd, and all its employees performing warehousing work at the Toll Kmart distribution centre?”

1. The only valid responses will be “Yes” or “No”. Voting is voluntary.

1. The overall result of the ballot will be disclosed to the Union and Tusk but your individual vote will be confidential and will be kept confidential by the ballot agent and the Commission.

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

1. If you have any questions about this Statement or the ballot, please carefully read the information provided by CiVS. If you still have questions that cannot be resolved by calling CiVS’ voter help desk, you can contact the Chambers of Deputy President Young by email at [e-mail].

1. You can opt out of the CiVS receiving your person email address and mobile phone number by writing to the Chambers of Deputy President Young by email at [e-mail] before 12.00pm on Wednesday 27 April 2022.

DEPUTY PRESIDENT

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