An overview of legal procedure & case law
This part deals with applications that can be made as a part of the agreement making process.
If bargaining has stalled, or there are issues regarding the scope or content of a proposed enterprise agreement the Fair Work Commission has the power to assist parties in resolving these issues.
Part 2-4 of the Fair Work Act 2009 describes the Commission's role in enterprise bargaining as facilitating good faith bargaining and the making of enterprise agreements, including through:
There are a number of ways in which the Commission can become involved:
This Part sets out the various ways in which the Commission may be involved in enterprise bargaining. This Part also explains the process of Court enforcement of Commission decisions and describes the process for appealing a decision of the Commission.
[1] Fair Work Act s.171.