Assistance to make a multi-enterprise agreement

After a single interest employer authorisation or supported bargaining authorisation is made, the Commission has powers to assist parties during bargaining for a single interest employer agreement or a supported bargaining agreement.

The Commission may, where appropriate: 

• convene conferences to assist the parties with a bargaining dispute where the Commission is able to mediate, conciliate, make recommendations, express opinions, and where agreed, may arbitrate matters in dispute
• make a bargaining order
• facilitate parties taking an interest-based approach through our Collaborative Approaches Program
• if bargaining fails, make an intractable bargaining declaration. This can lead to an intractable bargaining workplace determination.

For supported bargaining agreements the Commission can also direct a third party to the agreement to attend a conference, if the Commission is satisfied that the party exercises such a degree of control over the terms and conditions of the employees who will be covered by the agreement that their participation is necessary for the agreement to be made.

Parties may take protected industrial action during bargaining for a supported bargaining agreement or a single interest employer agreement in  certain circumstances.  

If the bargaining representatives are unable to resolve the dispute and where all the bargaining representatives for a proposed cooperative workplace agreement agree, they can apply to the Commission to deal with a dispute about the agreement.

The Commission cannot assist parties in a cooperative workplace agreement unless all bargaining representatives agree.

If the parties agree, the Commission can also facilitate their use of an interest-based approach to resolve bargaining disputes through the Collaborative Approaches Program.