ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – application for majority support determination to undertake bargaining – respondent opposed application – initial November 2016 employee petition lost and a new petition made in March 2017 – respondent argued no majority of employees wished to bargain and no need to bargain – after application lodged, respondent held own secret ballot of employees – ballot abandoned due to different questions on the notice and the ballot – scope of second respondent ballot different from NUW application – disagreement between parties about number of employees for the purposes of determining majority – evidence provided regarding eligibility of a number of disputed employees in the petition – Commission satisfied application properly made and group of employees fairly chosen – Commission satisfied a majority of eligible employees wanted to bargain – determination issued. National Union of Workers v Early Settler P/L
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