Introduction
From 6 June 2023, serious breach declarations are being replaced by intractable bargaining declarations. We will publish an updated application form soon.
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To apply for an intractable bargaining declaration
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A bargaining representative for a proposed agreement can apply for an intractable bargaining declaration if the parties:
- have been bargaining for at least 9 months (the minimum bargaining period) and have reached an impasse
- have already tried to resolve the bargaining dispute including by making an application to the Commission (section 240)
- want further assistance to resolve the dispute.
If you want to make an application before the updated Form F33 is published, please use Form F1.
Apply now
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Lodge this application and a copy of the relevant bargaining orders with the Commission.
Email your documents to lodge@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.
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