---
title: "Apply for or oppose an intractable bargaining declaration"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration"
type: "task"
site: "AI Law Framework"
id: "A15-S20261018-6"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply for or oppose an intractable bargaining declaration

> From the bargaining record, the Commission's earlier dispute file and correspondence, build a source-tagged chronology of bargaining meetings, the Commission's involvement and each party's participation, and a table of…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration  
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 record, the Commission's earlier dispute file and correspondence, build a source-tagged chronology of bargaining meetings, the Commission's involvement and each party's participation, and a table of the claims agreed and still in dispute. The tool writes nothing in the application, submissions or any evidence. |
| What the lawyer must review | Decide whether the minimum bargaining period has ended, whether the Commission has dealt with the dispute and the applicant participated, whether there is no reasonable prospect of agreement and the declaration is reasonable, then write the application or response, the submissions and the 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 record, the Commission's earlier dispute file and correspondence, build a source-tagged chronology of bargaining meetings, the Commission's involvement and each party's participation, and a table of the claims agreed and still in dispute. The tool writes nothing in the application, submissions or any evidence.
- What the lawyer does: Decide whether the minimum bargaining period has ended, whether the Commission has dealt with the dispute and the applicant participated, whether there is no reasonable prospect of agreement and the declaration is reasonable, then write the application or response, the submissions and the 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 the end of the minimum bargaining period from the nominal expiry date or the date bargaining started.
3. Check every chronology entry 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 235](http://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s235.html) (checked 2026-10-18)
- [DLA Piper: Intractable bargaining declarations](https://www.dlapiper.com/en-us/insights/publications/dla-pipers-ir-reforms/changes-to-bargaining-disputes-intractable-bargaining-declarations) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration/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.*