ARTICLE
22 October 2026

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

PA
Piper Alderman

Contributor

A premier commercial law firm, Piper Alderman has offices in Adelaide, Brisbane, Melbourne and Sydney. We work with clients across Australia and internationally to achieve optimum legal and commercial solutions. Our legal expertise has been built on nearly two centuries of industry experience. Piper Alderman has been a leading advisor to Australian commercial interests for more than 170 years and we continue to advance in knowledge, skills and commitment. We listen to our clients, respond to their needs and guide them through increasingly complex regulatory and business landscapes.
Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
Australia Employment and HR

The Secure Jobs, Better Pay and Closing Loopholes reforms resulted in significant changes to the way enterprise bargaining operates in in Australia. With the spectre of an intractable bargaining determination process looming (or the risk of a later attempt to amend a previously approved Enterprise Agreement), how does an employer get to the heart of the deal?

In this episode of Employment Law for the Time Poor, Partner Emily Haar and Special Counsel John Evans discuss how developments in intractable bargaining, changes to mandatory terms, the Statement of Principles on Genuine Agreement, and the Commission’s new power to amend agreements so they pass the better off overall test (BOOT) may impact an organisation’s enterprise bargaining strategy.

To never miss an episode, subscribe via your preferred podcasting application:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More