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ARTICLE · 02 MAY 2022

Enterprise bargaining: resurgence or further decline?

Corrs Chambers Westgarth
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Both sides of politics agree that the enterprise bargaining system is in decline but that is where the consensus ends.

AustraliaEmployment and HR
Jack De Flamingh
Jack De Flamingh
Nicholas Ellery
Nicholas Ellery
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It has been almost 13 years since the Fair Work Act 2009 (Cth) (FW Act) was passed, further developing a model which proclaimed enterprise bargaining as a major driver of economic prosperity. Now the centrepiece of the FW Act appears on life support. The refrain that enterprise bargaining 'is broken' has gained volume. Yet, as we head to the fifth Federal Election since the making of the FW Act, is anyone interested in fixing it?

Apparently, yes! Both major parties in fact. However, the view that the enterprise bargaining system is in decline and not meeting the needs of key stakeholders is where the consensus ends. The parties have different perspectives on what is wrong and what needs to occur to fix it. Attempts by the Coalition Government to create the support needed for reforms in 2021 came to little and business and union stakeholders continue to have radically different approaches.

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