The Fair Work Act provides that an employer must not refuse to recognise or bargain with another bargaining representative (such as a union or union rep) and that bargaining representatives must bargain in good faith where a majority of employees want to bargain collectively.

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We handle all processes in relation to good faith bargaining, including the following:

  • attending, and participating in, meetings at reasonable times;
  • disclosing relevant information (other than confidential or commercially sensitive information) in a timely manner;
  • responding to proposals by other bargaining representatives for the agreement;
  • giving genuine consideration to the proposals of the other bargaining representatives for the agreement, and giving reasons for the bargaining representatives responses to those proposals;
  • refraining from capricious or unfair conduct that undermines freedom of association or collective bargaining.

However Good Faith Bargaining requirements do not require:

  • a bargaining representative to make concessions during bargaining for the agreement; or
  • a bargaining representative to reach agreement on the terms that are to be included in the agreement.

In short the bargaining parties must have a free exchange of ideas and must treat each other with professional courtesy but are not obliged to make or reach agreement on issues upon which they disagree.