Application by The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWC 2290
What happened
The Applicant sought bargaining orders against the Respondent. Negotiations for an enterprise agreement began in August 2024, with the Australian Services Union also involved as a bargaining representative. The parties exchanged drafts and met regularly until May 2026 when the Respondent stopped agreeing to further meetings. On June 9, 2026, the Respondent sent a draft agreement to employees, omitting some previously agreed clauses. The Applicant raised concerns about these omissions and requested tracked changes. The Respondent responded stating it would not make further amendments and planned to put the agreement to a vote.
What was decided
The Fair Work Commission dismissed the Applicant’s application for bargaining orders. The Deputy President found that the prerequisites for a bargaining order were met, but also that good faith bargaining requirements had been met. The Respondent's actions, including omitting clauses and proceeding with a vote, did not constitute failing to bargain in good faith.
What it means for employers
Employers should ensure clear communication during enterprise agreement negotiations, documenting agreed terms accurately. It’s important to avoid misrepresenting the status of agreements or unilaterally removing previously discussed items. Maintaining detailed records of discussions and changes is crucial for transparency and demonstrating good faith bargaining.
What it means for employees
Employees involved in enterprise bargaining should carefully review draft agreements and raise concerns promptly about any discrepancies or omissions from previous negotiations. It's important to maintain a record of agreed terms and communicate these concerns clearly to the employer.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections