Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 237

When the FWC must make a majority support determination

Majority support determination

             (1)  The FWC must make a majority support determination in relation to a proposed single-enterprise agreement if:

                     (a)  an application for the determination has been made; and

                     (b)  the FWC is satisfied of the matters set out in subsection (2) in relation to the agreement.

Matters of which the FWC must be satisfied before making a majority support determination

             (2)  The FWC must be satisfied that:

                     (a)  a majority of the employees:

                              (i)  who are employed by the employer or employers at a time determined by the FWC; and

                             (ii)  who will be covered by the agreement;

                            want to bargain; and

                     (b)  the employer, or employers, that will be covered by the agreement have not yet agreed to bargain, or initiated bargaining, for the agreement; and

                     (c)  that the group of employees who will be covered by the agreement was fairly chosen; and

                     (d)  it is reasonable in all the circumstances to make the determination.

             (3)  For the purposes of paragraph (2)(a), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.

          (3A)  If the agreement will not cover all of the employees of the employer or employers covered by the agreement, the FWC must, in deciding for the purposes of paragraph (2)(c) whether the group of employees who will be covered was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.

Operation of determination

             (4)  The determination comes into operation on the day on which it is made.



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