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Dispute resolution under enterprise agreements

One of the requirements for FWC approval of an enterprise agreement is that the agreement includes a dispute settlement term.

Dispute settlement terms in enterprise agreements must set out a procedure by which the FWC or an independent person may settle disputes about any matters arising:

  • under the agreement, or
  • in relation to the NES.

This is a minimum requirement only, and the parties are free to include a dispute resolution term in their agreement which provides for the settlement of a wider range of disputes.

Parties negotiating enterprise agreements may choose to adopt the model dispute resolution term in the Fair Work Regulations 2009 (Cth), or reach agreement on their own dispute settlement term.

See Dispute resolution under enterprise agreements.