If a person does not comply with a bargaining order, an employee who the proposed agreement will cover, a bargaining representative or an inspector may seek enforcement of the Fair Work Commission's order through civil remedy proceedings in:
- the Fair Work Division of the Federal Circuit Court of Australia
- the Fair Work Division of the Federal Court of Australia, or
- an eligible state or territory court.
Failure to comply with a bargaining order may result in the court imposing a pecuniary penalty or making other orders.
Normally an order from the Commission will provide a timeframe within which the order must be complied with. It is advisable to wait until the timeframe has lapsed before seeking enforcement of the order.