Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A bargaining representative of an employee who will be covered by a proposed single - enterprise agreement may apply to the FWC for a determination (a majority support determination ) that a majority of the employees who will be covered by the agreement want to bargain with the employer, or employers, that will be covered by the agreement.
(1A) Despite subsection (1), a bargaining representative may not apply to the FWC for a determination if a supported bargaining authorisation that specifies the employee is in operation.
Note: While a supported bargaining authorisation that specifies an employee is in operation, an employer cannot bargain with that employee for any kind of agreement other than a supported bargaining agreement (see subsection 172(7)).
(1B) Despite subsection (1), a bargaining representative of an employee may not apply to the FWC for a determination if:
(a) a single interest employer agreement or a supported bargaining agreement applies to the employee; and
(b) the agreement has not passed its nominal expiry date.
(2) The application must specify:
(a) the employer, or employers, that will be covered by the agreement; and
(b) the employees who will be covered by the agreement.