ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – application for majority support determination – site to be closed November 2017 – all employees likely to be made redundant – at least two employees engaged at site up until 15 December 2017 – Commission satisfied majority of employees wished to bargain – applicant submitted planned cessation of production not an obstacle to bargaining – referred to Top Cut – respondent submitted highly improbable statutory requirements making agreement could be met within timeframe imposed by close down – relied on CBI Constructors – respondent submitted no prospect of respondent obtaining meaningful productivity benefits and being compelled to bargain would be contrary to objects of FW Act – Commission found while prospects of securing new agreement may be low that does not mean it is unachievable – Commission not satisfied practical and legislative difficulties raised by employer sufficient in all circumstances to outweigh desire of employees to bargain -reasonable in all circumstances to issue determination – determination issued separately. National Union of Workers v Murray Goulburn Co-Operative Co Limited t/a Murray Goulburn
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