Section 240 of the Fair Work Act 2009 (Cth) confers broad powers on the Fair Work Commission (FWC) to deal with a bargaining dispute that the parties are unable to resolve themselves.

Where the negotiations relate to a proposed single-enterprise agreement or a multi-enterprise agreement in the low-paid bargaining stream, any one bargaining representative may apply for the FWC’s assistance under s 240 (regardless of whether the other bargaining representatives support the application).

In any other instance (for example, where the proposed agreement is a multi-enterprise agreement not in the low-paid stream), all of the bargaining representatives would need to agree to apply to the FWC for assistance under s 240.

The FWC is able to deal with a dispute under s 240 in any way that it considers appropriate, including by mediating, conciliating, making a recommendation or expressing an opinion.

See Resolution of bargaining disputes in the Fair Work Commission.

Under Pt 2-4 of the FW Act, a bargaining representative for a proposed single enterprise agreement (that is not a greenfields agreement) can apply to the FWC for a scope order to resolve a dispute about the scope or coverage of the proposed agreement.

A scope order specifies which employer(s) and employees are to be covered by the proposed agreement. The intention is then for the bargaining representatives to negotiate an agreement covering those employees. However, an agreement with a different coverage to that specified in the order may be approved by the FWC, as long as this is not contrary to the good faith bargaining requirements in s 228 of the FW Act.

See Scope orders.