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"War of attrition" now a riskier strategy in enterprise bargaining
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
Under the previous regime, the threshold for the Fair Work Commission to make a workplace determination when bargaining stalled was "very, very high", Kingston Reid partner Brad Popple says in a new HR Daily Premium webcast on bargaining trends and tactics.
Only "about a dozen" determinations were made in the first 12 years of the Fair Work Act, he notes.
Following the 'Secure Jobs' reforms, however, the Commission can make a determination when it is satisfied there's no reasonable prospect of an agreement being reached.
That alters the bargaining dynamic significantly, Popple says...
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