Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 236

             (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)).

             (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.