Enterprise bargaining has always been complex. But in 2025, it is no longer just about pay and conditions. It is about conduct, process and intention.
With new laws, sharper union focus and a growing list of Fair Work Commission interventions, good faith bargaining is back in the spotlight. And many employers are being caught out by mistakes they do not even realise they are making.
If you are entering or preparing for bargaining this year, here is what you need to know.
Under the Fair Work Act, all parties in bargaining must act in good faith.
That includes:
Sounds straightforward, right?
But in practice, missteps happen quickly. And they often lead to delays, breakdowns and unwanted Fair Work attention.
Here are the most common errors we are seeing in the current environment:
❌ Treating bargaining as a once-a-year compliance exercise
❌ Withholding key information based on strategy rather than transparency
❌ Failing to properly consult before finalising decisions
❌ Using delays or dismissive responses to manage union demands
❌ Relying on outdated communication templates or practices
In this climate, these behaviours can now lead to serious consequences including bargaining orders, reputational damage and even forced arbitration.
In 2025, the Commission is placing more weight on behavioural indicators. They are looking beyond what is said on paper and focusing on the tone and intent behind employer conduct.
This means HR and management must:
Employers who fall short risk losing control of the bargaining process entirely.
We work with leaders across Utilities, FMCG, Start Ups and Small Business to build strategic, compliant and practical bargaining processes.
Whether you are negotiating a new agreement or preparing for re-engagement, we help you:
Protect both compliance and culture
If you are unsure where your current approach stands, it may be time for a reset.
Contact us or visit www.workvergent.com.au
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