ARTICLE · 28 FEBRUARY 2010

Fair Work Australia resolves dispute clause confusion in Enterprise Agreements

Norton Rose Fulbright Australia

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The Full Bench of Fair Work Australia has resolved confusion about dispute settlement clauses in enterprise agreements made under the Fair Work Act by overturning a previous decision that dispute clauses must contain access to arbitration

AustraliaEmployment and HR

Stuart Kollmorgen (Formerly With Norton Rose Fulbright Australia)

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Fair Work Australia resolves dispute clause confusion in Enterprise Agreements

Introduction

The Full Bench of Fair Work Australia (FWA) has resolved confusion about dispute settlement clauses in enterprise agreements made under the Fair Work Act (FW Act) by overturning a previous decision that dispute clauses must contain access to arbitration.

The Full Bench decision was published on 26 February 2010.

Section 186(6) of the FW Act specifically requires that FWA must be satisfied that all enterprise agreements contain a procedure for the settlement of disputes between the parties about matters arising under the agreement, or in relation to the National Employment Standards.

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