Good Faith & Enterprise Bargaining
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.
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.
Contact one of our experienced and expert employment lawyers to discuss further.
