ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – CFMEU sought majority support determination that majority of employees who would be covered by proposed single enterprise agreement to replace Kane Construction P/L and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 wish to bargain with their employer – CFMEU submitted that it had asked Employer to enter into bargaining for new agreement and the Employer refused – CFMEU filed a confidential petition signed by 43 employees which stated that those employees wanted to bargain for a new enterprise agreement and they wanted CFMEU to represent them – Employer filed a confidential list of employees who would be covered by the proposed agreement and the list contained 53 names – Commission examined petition and list of employees and was satisfied that majority of employees employed wanted to bargain – Commission satisfied that CFMEU was bargaining representative for employees concerned and capable of making application for majority support determination – Commission further satisfied that Employer had not yet agreed to bargain or initiated bargaining for the agreement – Commission accepted that the Employer was willing to commence bargaining but not the same as agreeing to bargain or initiating process – satisfied that group of employees distinct and fairly chosen – Commission satisfied all requirements met and issued determination – Employer directed to take all reasonable steps to issue notice of employee representational rights to each relevant employee – notice to be issued within 14 days of determination being made. B2016/847
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