Hi Nez / Ramazan amca,
At this stage, there is no legal breach and no obligation to commence bargaining immediately.
• There is no legal requirement to immediately commence bargaining simply because the agreement has lapsed.
• Employees have continued to receive all applicable entitlements and are paid at or above award and minimum wage obligations, including any required adjustments following FWC wage determinations.
• The ANMF may file a notice with the FWC alleging a failure to bargain in good faith. The good faith bargaining jurisdiction only applies once bargaining has actually been initiated (either by consent or via a Majority Support Determination).
• We have a defensible position provided we are meeting our current legal obligations and can demonstrate that rates remain compliant with the award.
Recommendation - Seek legal or industrial relations advice on whether to commence bargaining or consider an alternative strategy (e.g. termination of the existing EBA if appropriate).