The Legal Brief: Intractable bargaining and the shifting ‘endgame’ of enterprise negotiations
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Longer negotiations, harder lines, and a new arbitration pathway offering relief from prolonged industrial deadlock – but not without cost. Once a rarely used mechanism, intractable bargaining workplace determinations are now arising more frequently where enterprise bargaining stalls and agreement proves elusive, bringing protected industrial action to a halt while transferring control over the remaining contested issues to the Fair Work Commission.
In this special episode of The Legal Brief, produced in partnership with Kingston Reid, host Jerome Doraisamy speaks with Kingston Reid partner Lucy Shanahan about how intractable bargaining workplace determinations are reshaping enterprise bargaining strategy, and what organisations need to be thinking about to manage their exposure, right from the beginning.
In an industrial relations landscape that is becoming more complex and contested, organisations that recognise the implications of these shifts and proactively manage bargaining risk before positions become entrenched will be better positioned to retain control over outcomes. Those that do not may find that the endgame is decided for them.
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RELATED TERMS
The definition of negotiation is the conversation between two or more parties when each has a unique interest to pursue. Each party uses negotiation to try to come to a mutually advantageous settlement.
