Recent Trends in Majority Support Determinations under the Fair Work Act

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As many predicted prior to the introduction of the Fair Work Act 2009 (Cth), majority support determinations have quickly become an important weapon in the arsenal of a union seeking to bargain with a reluctant employer. Successfully bringing such an application requires a bargaining representative to demonstrate, amongst other things, that a majority of the workforce wishes to bargain. The Fair Work Act does not specify what is required to meet this test but some trends and principles have arisen from the decisions of Fair Work Australia which provide useful guidance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Alex Manos | Attorney Advertising

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