Bulletin 13 - employer lodgement of section 240 application to the Fair Work Commission - issued 16 April 2026

The Office of the Commissioner for Public Employment has 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.

It is my view, supported by comments made at the Protected Action Ballot Conference , that the parties are still somewhat apart in being able to reach agreement on the terms of a replacement agreement and believe that the FWC process will be able to assist the parties in reaching agreement on the terms of a replacement agreement that can then be put to a vote with common endorsement.

Next steps

The FWC have now scheduled a conference for the parties to meet on Thursday 30 April 2026 and Friday 1 May 2026.

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

Bargaining updates in relation to the bargaining process will be posted to the OCPE webpage at Enterprise Agreement Negotiations | Office of the Commissioner for Public Employment.

Information on bargaining in general can be obtained on the Fair Work Commission website or call their information on 1300 799 675.

Nicole Hurwood
Commissioner for Public Employment
16 April 2026