Apply for a bargaining order where good faith bargaining requirements are not met
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the bargaining correspondence, meeting notes and proposals exchanged, build a source-tagged table of each good faith bargaining requirement against the conduct complained of, and confirm which threshold condition applies, such as agreement to bargain, a request to bargain or a majority support determination. The tool writes nothing in the application, the notice of concerns or the evidence.
- What the lawyer must review
- Decide whether a threshold condition is met and whether the conduct breaches the good faith bargaining requirements, confirm the relevant bargaining representatives were notified of the concerns as s 229(4) requires (unless s 229(5) applies), and write the application, submissions and evidence.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the bargaining correspondence, meeting notes and proposals exchanged, build a source-tagged table of each good faith bargaining requirement against the conduct complained of, and confirm which threshold condition applies, such as agreement to bargain, a request to bargain or a majority support determination. The tool writes nothing in the application, the notice of concerns or the evidence. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Confirm which s 230(2) threshold condition is met and the document that proves it.
- Check every row of the table against its source document.
- Confirm no sentence produced by the tool appears in the filed material.
- Check the output against the source documents named in it before it is relied on.
Sources
- Fair Work Act 2009 (Cth) s 230 · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.