The Fair Work Act Review and key developments in enterprise bargaining


The first few months of 2012 have seen much activity on the part of unions, employers and business groups on two fronts: making submissions to the independent Review of the Fair Work Act 2009 (Cth) (FW Act), and continuing to utilise the legislation’s bargaining and protected action framework in novel and interesting ways.

In this paper, we provide an update on the progress of the FW Act Review, and a round-up of some significant recent decisions dealing with enterprise bargaining and protected industrial action (PIA).

More specifically, it addresses the following topics:

  • Fair Work Act Review – The Process and Submissions
  • Fair Work Act Review – Outcomes
  • Developments in Enterprise Bargaining
    • Good Faith Bargaining
    • Notices of PIA and Applications for ‘Stop Orders’
    • Interaction of PIA and GFB
    • Suspension or termination of PIA
    • Bargaining and PIA – Lessons for Employers

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The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.


Heidi Roberts

Partner. Melbourne
+61 3 9672 3562


Jack de Flamingh

Partner. Sydney
+61 2 9210 6192


John Tuck

Partner. Melbourne
+61 3 9672 3257


Nicholas Ellery

Partner. Perth
+61 8 9460 1615


Stephen Price

Partner. Sydney
+61 2 9210 6236


Professor Anthony Forsyth

Consultant. Melbourne
+61 3 9672 3322