ENTERPRISE BARGAINING – majority support determination – s.236 Fair Work Act 2009 – applicant requested to commence bargaining in relation to 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) – initial decision ([2017] FWC 780) on 9 February 2017 in relation to confidentiality of names on petition obtained by the Construction, Forestry, Mining and Energy Union (CFMEU) – confidentiality order made – KNF Construction ordered to provide list of employees to Commission – Commission to examine list of employees and petition to determine whether majority support existed – KNF Construction appealed decision and accompanying orders and sought stay – stay application heard by DP Gooley on 22 February 2017 – not granted – hearing proceeded in respect of merits – substantive appeal with respect to confidentiality order yet to be heard – CFMEU submitted group fairly chosen – KNF Construction submitted choice of group artificial and did not provide sound basis to conclude majority of employees supported the application – KNF Construction also submitted majority of work to end on project in April 2017 so granting of application of little utility – Commission compared CFMEU’s petition with list of employees provided by KNF Construction – petition did not disclose majority support for bargaining – satisfied group fairly chosen on geographic basis – group is operationally distinct – limited duration of job weighs against application – cannot be satisfied of matters in s.237(2) of the FW Act as petition did not establish majority who want to bargain – CFMEU submitted Commission should order that the AEC conduct a ballot – order made that AEC conduct ballot as soon as practicable to determine whether majority want to bargain – order issued. Construction, Forestry, Mining and Energy Union
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