Employees at Cochlear, with their union, the Australian Manufacturing Workers’ Union (AMWU), attempted to negotiate an enterprise agreement in 2007. Between 2007 and 2009, employees indicated majority...

Employees at Cochlear, with their union, the Australian Manufacturing Workers’ Union (AMWU), attempted to negotiate an enterprise agreement in 2007. Between 2007 and 2009, employees indicated majority support for a union agreement on three occasions, and Cochlear instigated a ballot on two non-union agreements during this time, both of which were unsuccessful. In August 2009, a majority support determination was obtained. Over the next two years, meetings occurred between Cochlear and the union; however, no progress was made. In August 2011, both the AMWU and Cochlear applied for bargaining orders. In August 2012, Fair Work Australia, as the Fair Work Commission was then called, issued bargaining orders against Cochlear, finding that the company had breached good faith bargaining principles by ‘not responding to the AMWU's proposal for an agreement in a timely manner’ and ‘by refusing the union access to the lunchroom to conduct meetings’.
Source: McCallum et al (2012) Towards more productive and equitable workplaces: An evaluation of the Fair Work Legislation, Department of Education, Employment and Workplace Relations, Canberra, p. 137
Questions
1 Should employers be compelled to negotiate with a union?  2 Should employers be able to prevent employees from organising in a workplace
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