ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – applications by United Voice and Australian Nursing and Midwifery Federation (Unions) for bargaining orders with Aged Care Services Australia Group P/L – applications heard together – Unions sought interim order to terminate ballot, declare any vote cast null and void and to order respondent to meet with Unions to bargain before ballot recommenced – able to determine substantive application before ballot closed – interim order not issued – substantive matter heard – in October 2016 bargaining Unions pressed for the insertion of a savings clause – respondent did not agree to insertion – in November 2016 bargaining respondent proposed wording Unions did not accept – in January 2017 Unions agreed to amended wording proposed by respondent to be inserted into agreement – in February 2017 respondent issued final draft of agreement without savings clause – Unions requested that clause be reinserted – respondent advised it would be inappropriate to proceed with clause – Unions submitted respondent breach good faith bargaining requirements – submitted respondent changed its position at last minute by withdrawing prior agreement to key clause in proposed agreement, failed to expressly advise Unions of change of position and refused to meet and discuss changed position – respondent submitted it had complied with good faith bargaining obligations, had advised Union it did not propose to reinsert clause and did not intend to change the ballot timetable – submitted it had removed clause after advice that such provision would result in agreement not being single source of terms and conditions – submitted separate communications were made to Unions and impasse had been reached – Tahmoor Coal, Coates Hire and Shingawa Refractories cited – Commission found manner in which respondent unilaterally withdrew an agreed clause represented a failure to disclose relevant information as required by s.228(1)(e) of FW Act – found respondent’s change of position, failure to expressly alert Unions and subsequent refusal to engage regarding change prior to impending ballot did not meet requirements of s.228(1)(a)(b) and (e) of FW Act – ballot process delayed to enable good faith bargaining requirements to be met – order issued. United Voice and Australian Nursing and Midwifery Federation v Aged Care Services Australia Group P/L
