Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2311
At a glance
- Employees affected
- 120
What happened
The Australian Workers' Union (AWU) and Experience Co Limited have been negotiating a new enterprise agreement, the Skydive Australia Enterprise Agreement 2026, since May 2024. The AWU initially applied for a majority support determination in July 2024, which was granted in December 2024. Negotiations stalled due to Experience Co presenting a draft agreement with minimal terms and no wage offer. The AWU filed a section 240 application to resolve the dispute, but further conferences did not yield progress. A protected action ballot order was made, followed by several rounds of bargaining and protected industrial action. Following a rejected vote on the draft agreement in March 2026, Experience Co stated there was 'no further utility' in continuing negotiations. The AWU subsequently applied for an intractable bargaining declaration.
What was decided
The Fair Work Commission has made an intractable bargaining declaration regarding the Skydive Australia Enterprise Agreement 2026. the Commissioner found that the AWU had participated in section 240 dispute resolution processes and there was no reasonable prospect of agreement being reached. The declaration specifies a post-declaration negotiating period from June 23, 2026 to July 23, 2026. Experience Co did not oppose the application.
What it means for employers
Employers should ensure that draft enterprise agreements include meaningful offers on wages and conditions from the outset of negotiations. Failing to do so can lead to protracted bargaining processes and ultimately an intractable bargaining declaration, which limits future negotiation options. It's important to engage constructively in dispute resolution processes.
What it means for employees
Employees covered by the Skydive Australia Enterprise Agreement 2026 should be aware of the post-declaration negotiating period. The union can now proceed with further action towards securing a new agreement within this timeframe.
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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 →