Fair Work Act 2009

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.

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.

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)).

Despite subsection (1), a bargaining representative of an employee may not apply to the FWC for a determination if:

a single interest employer agreement or a supported bargaining agreement applies to the employee; and

the agreement has not passed its nominal expiry date.

The application must specify:

the employer, or employers, that will be covered by the agreement; and

the employees who will be covered by the agreement.