ENTERPRISE BARGAINING – majority support determination – s.236 Fair Work Act 2009 – applicant requested to commence bargaining in relation to a geographically and operationally distinct group of employees of O’Keefe Heneghan P/L and Auslife P/L and Rocky Neill Construction P/L t/a KNF Construction (KNF Construction) – KNF Construction did not reply – KNF Construction has agreement covering all its employees with a nominal expiry date of 15 February 2017 – applicant distributed petition to employees – claims 48 out of 60 relevant employees signed petition, and accordingly, was an appropriate method in determining majority support – KNF Construction objected to whether the group of employees was fairly chosen and the use of the petition to determine majority support – applicant submitted that petition should be provided to the Commission on a confidential basis and compared to list of relevant employees provided by KNF Construction to determine whether there was a valid majority – KNF Construction did not consent – lodged application for an order to produce names and signatures on petition, otherwise they would be denied procedural fairness – applicant submitted disclosure of names would be a risk to employees privacy and rights to freedom and association – argument as to whether confidentiality order should be made – Commission did not find any requirement to provide names and signatures on a petition to an employer on an interlocutory basis – did not find it appropriate or necessary for respondent to view names and signatures of petition – Commission not satisfied that there would be procedural unfairness to respondent – satisfied that confidentiality order should be made with respect to petition – ordered petition to be treated as confidential – KNF Construction ordered to provide list of employees covered by application to Commission. Construction, Forestry, Mining and Energy Union
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