See Fair Work Act s.412
Pattern bargaining is a course of conduct by a person who is a negotiating party to two or more proposed enterprise agreements, seeking common wages or conditions for two or more of those agreements, where the conduct extends beyond a single business.
The Fair Work Act does not actually proscribe pattern bargaining as such: rather it denies protection to industrial action taken in support of it, and makes specific provision for the grant of an injunction to stop or prevent such action.
A course of conduct by a person is pattern bargaining if:
- the person is a bargaining representative for two or more proposed enterprise agreements
- the course of conduct involves seeking common terms to be included in two or more of the agreements, and
- the course of conduct relates to two or more employers.