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Friday, November 28, 2025

Bargaining powers: What employers need to know in 2025 - HRD America

Issues around enterprise bargaining are some of the biggest things employers need to be aware of, according to a leading employment lawyer in Melbourne, because of a change in dynamics bought about by changes to legislation.

“There’s been an increased prevalence of industrial action in support of bargaining claims as well. The ability of unions to request bargaining to commence is a big way this has all escalated. You’re seeing more employers caught on the back foot now,” Peter McNulty, Partner at Ashurst Employment Lawyers in Melbourne, told HRD.

McNulty added that, to negate issues down the line, employers need to be better prepared for when enterprise agreements end so preparations for potential bargaining are already underway.

Planning for enterprise bargaining

McNulty will speak at the upcoming Employment Law Masterclass in August, where he’ll unpack how HR can plan ahead to avoid last-minute chaos. The key, he says, lies in deep internal alignment.

“Having a clear understanding and idea about what an employee wants to get out of bargaining, it’s becoming increasingly difficult to achieve productivity. Looking at how you can reform your mechanisms and processes that aren’t a surprise for workers can help ease the burden.”

“Clear communication and planning are the recipe for success in these cases,” McNulty outlined, “Because it shouldn’t need to be bargaining that makes you change. You need to understand what employers are seeking and why.”

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