This video focuses on the new provisions regarding intractable bargaining disputes under the ‘Secure Jobs Better Pay’ amendments to the Fair Work Act.
The changes introduced the concept of intractable bargaining declarations and determinations, providing the Fair Work Commission with a dramatically enhanced ability to arbitrate an outcome in the context of a prolonged dispute. This means that where the parties are unable to agree the terms of the proposed enterprise agreement themselves, the Commission may step in and do it for them on application by a bargaining representative.
These are available in both the single enterprise and multi-enterprise bargaining streams, but not the cooperative workplace stream or for greenfields agreements.
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