Pattern bargaining

In pattern bargaining, a representative, often a union or employee group, is involved in negotiating more than one enterprise agreement. They attempt to standardise certain terms and conditions across these agreements, ensuring consistency and fairness. This approach can streamline negotiations and help maintain uniform standards across different workplaces or sectors. However, it's important that each agreement still addresses the unique needs of the respective workforce.

Pattern bargaining and protected action

Under the Fair Work Act, a bargaining representative who is pattern bargaining is not genuinely trying to reach an agreement with each employer, so industrial action taken as part of it is not protected industrial action. The question is whether the representative is seeking common terms across two or more agreements without genuinely negotiating with each employer about its own circumstances. For example, a union that demands identical terms from several unrelated employers and refuses to discuss any employer's particular needs may be pattern bargaining.

Read our guide to enterprise agreements, or get employee relations support.