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An "attitude of reticence or disinclination" towards making intractable bargaining declarations goes against the reforms' intentions, a Fair Work Commission full bench has ruled.

Such an approach would likely defeat, or at least impede, the objective of the provisions, which was to discourage parties from "holding out" for no agreement or for an arbitrated outcome, according to two of the bench's three members.

The case related to enterprise bargaining that began in late 2021, involving a small group of 'deputies' employed at Ulan West Operations' underground coal mine near Mudgee, NSW.

In mid-2024, the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) formed the view that there was no real prospect of agreement being reached and it applied for an intractable bargaining declaration under section 234 of the FW Act...