Bulletin 14 - Employer lodgement of section 240 application to the Fair Work Commission - issued 8 April 2026

The Office of the Commissioner for Public Employment submitted a section 240 application to the Fair Work Commission (FWC) to seek assistance to resolve the impasse in negotiations for a new Enterprise Agreement.

What is a section 240 application?

Under the Fair Work Act 2009 (Cth) any party involved in enterprise agreement negotiations may apply to the FWC for assistance in dealing with disputes about the agreement where they cannot be resolved independently.

The FWC then deals with dispute through mediation, conciliation and/or providing a recommended outcome. However, the FWC cannot impose an outcome without consent from all the parties involved.

The process encourages good faith bargaining and assists in dealing with unresolved disputes about the enterprise agreement, facilitating fair and effective bargaining negotiations.

Next steps

Whilst I must await further direction from the Fair Work Commissioner regarding what updates I may be able to provide to you relating to these proceedings, I can assure you that my Office and I are fully committed to engaging and participating in this process to reach a good outcome.

My priority is to encourage a timely outcome and resolution to settle this enterprise agreement.

More information

Information regarding the proposed Correctional Officer agreement can be located in the OCPE website. Alternatively, you may contact OCPE via Enquiries.OCPE@nt.gov.au.

Further information on bargaining and the Act can be obtained at www.fwc.gov.au or you can contact the Fair Work Commission line on 1300 799 675.

Nicole Hurwood
Commissioner for Public Employment
8 April 2026