Bulletin 22 - Post-declaration negotiation period - issued 25 September 2026

Following the issuing of an Intractable Bargaining Declaration on 4 September 2026, the Fair Work Commission conducted a post-declaration negotiation conference on 24 September 2026, as a final attempt to resolve the remaining outstanding matters through agreement.

The position from the union to seek further improvements, despite Wages Policy parameters, resulted in the parties being unable to reach agreement on the outstanding matters.

The post-declaration negotiation period concludes today.

What happens next?

As agreement has not been reached, the matter will now proceed through the FWC's intractable bargaining process towards an Intractable Bargaining Workplace Determination (IBWD). An IBWD is a legally binding decision of a Full Bench of the FWC that determines the terms and conditions of employment that would otherwise have formed part of an enterprise agreement.

A directions conference has been scheduled before the FWC on 28 September 2026. A directions conference is a procedural meeting where the Commission establishes the timetable and requirements for progressing the matter.

Employees should be aware that the outcome will be determined by the FWC. No party can guarantee what the final terms will be, and the resulting determination may include terms that differ from the positions advanced by either party during bargaining.

The intractable bargaining process is likely to take a number of months to complete.

I do not take the decision to pursue an Intractable Bargaining Workplace Determination lightly. However, after more than 14 months of negotiations and extensive efforts to reach agreement, it is clear this is now the only available pathway to bring these negotiations to a conclusion.

In the meantime, the existing enterprise agreement will continue to operate until it is replaced by a new industrial instrument.