Section 236 — Fair Work Act 2009: Majority support determinations

(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.