ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – application for a majority support determination lodged by Australian Workers’ Union (AWU) – employer to be covered by proposed agreement Huon Aquaculture Company P/L (HAC) – employees to be covered by proposed agreement engaged in farm attendant duties in connection with marine operations at Macquarie Harbour, Tasmania – HAC opposed making of determination on basis that it had agreed to bargain with AWU – submitted it did not consider relevant employees to be geographically distinct from rest of Tasmanian workforce and not ‘fairly chosen’ – AWU relied on remote nature of Macquarie Harbour site to support argument that relevant employees were geographically distinct from rest of Tasmania – Commission satisfied AWU was bargaining representative for relevant employees – satisfied majority of employees wished to bargain for proposed agreement – satisfied preconditions contained in ss.236(1), s.237(2)(a) FW Act satisfied – precondition contained in s.237(2)(b) considered – role of a majority support determination is to commence the bargaining process when there is majority support among employees to collectively bargain, when their employer has not agreed to do so [Coca-Cola] – Commission found that HAC had agreed to bargain with relevant employees and therefore s.237(2) was not fulfilled – application dismissed. ‘Australian Workers’ Union, The
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