Everyone in the maritime sector in Australia will be aware that one problem with the Fair Work system is the endless bargaining process.
Eventually, a deal is done… just in time for next three-yearly or four-yearly round of bargaining to begin. Sometimes, the bargaining is even one whole cycle behind – the companies and employers are not bargaining for the current round of enterprise bargaining, they’re bargaining for the one before that.
During the whole time, the employer is subjected to repeated industrial action.
That kind of dispute will no longer be possible because of the new “intractable bargaining” rules.
A bargaining representative can apply for an “intractable bargaining” declaration to have their dispute resolved with the help of the Fair Work Commission.
