ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – application to make a majority support determination in respect of employees of Top Cut Food Industries P/L and Caterfare P/L – not contested that application met all criteria for issuing the order except s.273(2)(d) of FW Act regarding reasonable circumstances – respondent position that company circumstances were not reasonable – application in relation to Laverton site closing on 1 June 2017 – after this no employees of respondent on site – respondent submitted no time available for bargaining whilst in process of closing site and transferring assets – respondent not able to change its position on terms of a proposed agreement – Commission’s view short time for bargaining clearly relevant to whether or not it is reasonable to make the determination [CBI Constructors] – applicant’s bargaining intent was to focus on enhanced redundancy and redeployment provisions as higher redundancy standards apply in respondent’s other sites – decision given ex tempore – Commission not satisfied tight timeframe precludes making the determination – taking into account all factors Commission not satisfied it is unreasonable to make an order which does not give effect to wishes of a majority of employees – majority support determination issued. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Top Cut Food Industries P/L t/a Top Cut Food Industries and Anor
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