Application by CDC Mildura Pty Ltd Trading AS CDC Victoria Pty Ltd & CDC Ballarat Pty Ltd Trading AS CDC Victoria Pty Ltd and Others
Citation: [2026] FWC 3156
What happened
CDC Mildura Pty Ltd, CDC Ballarat Pty Ltd, and several other related companies (collectively 'CDC') and the Transport Workers’ Union of Australia (TWU) were involved in bargaining negotiations. Previously, the Fair Work Commission (FWC) had made a declaration regarding intractable bargaining. Both CDC and the TWU requested a 21-day extension to the post-declaration negotiation period. An independent bargaining representative, the ITU, objected to the extension, citing limited progress in negotiations.
What was decided
The Fair Work Commission (FWC) granted a 21-day extension to the post-declaration negotiation period. This extension allows CDC and the TWU further opportunity to reach an agreement. The FWC considered the ITU’s objection but decided to grant the extension, acknowledging the views of both CDC and the TWU as bargaining representatives. The extended negotiation period will end on September 9, 2026.
What it means for employers
Employers involved in bargaining should be aware that the FWC may extend negotiation periods, even when an independent representative objects. Maintaining open communication and demonstrating a genuine effort to reach agreement are crucial during these periods.
What it means for employees
Employees should be aware that the bargaining process can be extended, providing further opportunity for negotiations to progress. The union’s views, along with the employer’s, are considered by the FWC.
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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