Bulletin 26 - Post-declaration negotiating conference - issued 23 September 2026

Following the issuing of the Intractable Bargaining Declaration on 4 September 2026, the Fair Work Commission conducted a post-declaration negotiating conference on 22 September 2026 as a final opportunity for the parties to resolve the outstanding matters through agreement.

During the conference, the parties invested considerable time trying to resolve the impasse on the operating model clause and I put forward a number of options regarding the clause in an effort to reach agreement. Despite these efforts and our tabling of possible options on redrafted clauses, the union maintained there could be no change to this clause, and as such, the parties were unable to progress discussions to reach agreement.

Next steps

A directions conference has been scheduled before the full bench of the FWC on 28 September 2026. A directions conference is a procedural meeting where the Commission establishes the timetable and requirements for progressing the intractable bargaining matter, including the filing of evidence, legal submissions and future hearings.

No substantive decisions regarding the claims will be made at the directions conference. Employees should be aware that the intractable bargaining process is likely to take months to resolve.

I do not take the decision to pursue an Intractable Bargaining Workplace Determination lightly. However it is clear this is now the only option for the parties to resolve these negotiations.

In the intervening period, the existing 2021-2025 Enterprise Agreement remains in place.

More information

Updates regarding the Correctional Officer Enterprise Agreement negotiations will continue to be published on the Correctional Officer (NTPS) Enterprise Agreement negotiations page.

Further information can be obtained on the Fair Work Commission website, by calling 1300 799 675 between 9am and 5pm (local time), Monday to Friday, or by contacting OCPE at enquiries.OCPE@nt.gov.au or call 08 8999 4282.

Nicole Hurwood
Commissioner for Public Employment
23 September 2026