Changes to the Fair Work Act (2009) via the ‘Secure Jobs, Better Pay’ legislation allow the Fair Work Commission to step in sooner and play a stronger role in resolving Enterprise Agreement bargaining industrial disputes.
This change replaces the previous Serious Breach Declarations and bargaining related Workplace Determinations.
A single bargaining representative can now make an application for an Intractable Bargaining Declaration.
Before such a declaration is made the Commission must be satisfied that:
- The parties have bargained for at least nine months or that nine months has passed since the previous Agreement expired.
- It has dealt with the dispute via conciliation and the applicant participated in those proceedings.
- There is no reasonable prospect of agreement being reached without the intractable bargaining declaration.
- It is reasonable, considering all the circumstances, to make the Declaration.
Once the Declaration is made the parties are encouraged to have further negotiations before the Commission resolves the outstanding dispute items through the Intractable Bargaining Determination.
The Commission will include any agreed terms from negotiations and must ensure that the Determination be ‘not less favourable’ to an employee than corresponding terms in an existing enterprise agreement which applies to them.
These changes are effective from 6 June 2023
Hunter Employee Relations can assist employers with the negotiation or replacement of their Enterprise Agreement. Give me a call anytime to talk it through.
Kind Regards
Michael Schmidt
M 0438 129 728
www.hunteremployeerelations.com.au
Industrial Relations - Employment Law - Workplace Performance
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