Disputes under awards & agreements
On this page:
Types of disputes
Fair Work Australia (FWA) can assist with a dispute if the dispute arises under:
- a national system award or enterprise agreement containing the 'model term for dealing with disputes', or
- a national system award or agreement containing a dispute resolution procedure that allows for Fair Work Australia assistance.
In this type of dispute Fair Work Australia can only exercise the powers outlined in the dispute resolution procedure or agreed to by the parties.
Fair Work Australia may assist with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion. The tribunal may arbitrate the dispute if the dispute resolution procedure allows it or the parties agree.
Do you want to make an application for dispute resolution assistance?
(86kb)The model dispute resolution procedure
Enterprise agreements are required to contain a procedure for dealing with disputes.
Parties to an agreement can agree on a particular procedure or adopt the model term specified in the Fair Work Regulations 2009.
The model term provides for a party to the dispute to refer the matter to Fair Work Australia if discussions at the workplace level do not achieve a resolution.
What is the model term?
- Download Schedule 6.1 of the Fair Work Regulations 2009
(76kb)
