---
title: "Apply for a bargaining order where good faith bargaining requirements are not met"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-a-bargaining-order-where-good-faith-bargaining-requirements-ar"
type: "task"
site: "AI Law Framework"
id: "A15-S20261018-11"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply for a bargaining order where good faith bargaining requirements are not met

> 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…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-a-bargaining-order-where-good-faith-bargaining-requirements-ar  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. Confirm which s 230(2) threshold condition is met and the document that proves it.
3. Check every row of the table against its source document.
4. Confirm no sentence produced by the tool appears in the filed material.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- 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.

## Sources

- [Fair Work Act 2009 (Cth) s 230](http://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s230.html) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-a-bargaining-order-where-good-faith-bargaining-requirements-ar/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*