The employer refused to bargain and in January notified employees of this. The union sought to bargain and in the hearing led evidence that six out of the eight employees sought to bargain. The employer did not contest this evidence but argued it was not reasonable to grant the order when the only issue raised had been resolved and FWA should exercise its discretion as they are a small employer.
The commission found the group of employees had been fairly chosen as they were geographically and organisationally distinct. The commission was not satisfied it would be unreasonable to make the order. On this basis the majority support order was granted.