Bulletin 10 - bargaining update - 28 October 2025

As you aware the Office of the Commissioner for Public Employment submitted a section 240 application to the Fair Work Commission to seek assistance to resolve the impasse in negotiations for a new Enterprise Agreement. On Wednesday 15 October 2025 this office, along with 10 unions and their delegates attended a Fair Work hearing in relation to this application.

The Fair Work Commission gave strict instructions that the matters discussed at the hearing, and throughout the process, are to remain entirely confidential.

However, I can inform you that during this hearing a process was agreed to moving forward in these proceedings.

What is a section 240 Application?

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

The Fair Work Commission then deals with the 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 new agreement can be located on the OCPE website. Alternatively, you may contact OCPE via enquiries.ocpe@nt.gov.au or phone 08 8999 4282 for any other enquiries.

Nicole Hurwood
Commissioner for Public Employment
28  October 2025