When parties are creating an agreement, sometimes they have disputes they cannot resolve. We may be able to deal with the problem or issue an order.
If you cannot continue the bargaining process because of a problem, you can ask us for help so you can finish the process. We cannot provide legal advice.
Apply for help with bargaining disputes
Use Form F11 – Application for the Commission to deal with a bargaining dispute.
Apply for a bargaining order
A bargaining representative may apply for a bargaining order if they believe that:
- one or more bargaining representatives are not bargaining in good faith
- the process is not efficient or fair because there are multiple representatives.
Use Form F32 – Application for a bargaining order.
If this does not help, the next step is to apply for a serious breach declaration.
Apply for a scope order
A bargaining representative may apply for a scope order for a single enterprise agreement (non-greenfields). They may do this if:
- they have concerns that the process is not efficient or fair AND
- they believe the agreement will not cover the right employees or will cover the wrong employees.
Use Form 31 – Application for a scope order.
Find out more about scope orders.