ENTERPRISE BARGAINING – majority support determination – s.236 Fair Work Act 2009 – respondent not yet agreed to bargain or initiated bargaining for agreement proposed by NUW – Commission satisfied majority of workers wished to bargain five months in advance of nominal expiry date of agreement – decided to conduct ballot to determine majority or not – employer provided notice – Commission requested that particular sentences in notice be replaced – Commission concerned that current wording would discourage employees from participating in vote which would be contrary to the decision of the Commission to seek views of employees – respondent rejected request to make changes – disagreed there were errors in notice – Commission proposed to issue a direction for the issue of the notice in the form proposed – if respondent persisted with proposal, Commission proposed to issue further directions to allow applicant opportunity to respond to material circulated by the company as part of procedures directed by the Commission – matter listed for hearing – respondent did not attend hearing – actions of company in publishing partisan notice discouraged employees from voting ‘yes’ – Commission doubted that ballot would be appropriate and effective method for determining question – issued that respondent reissue notice with the following amendments ‘This notice replaces earlier notices concerning the vote. This notice is issued at the direction of the Fair Work Commission’ – NUW to provide Commission with text of the notice instead – respondent able to provide comments – Commission will advise respondent on distribution of notice. National Union of Workers v Coldunit P/L
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