How to bargain in good faith

If you are a bargaining representative, you must:

• take part in meetings at reasonable times
• share relevant information without delay, unless it is confidential or commercially sensitive
• respond to proposals from other representatives without delay
• genuinely consider all proposals, and give the reasons for your responses
• recognise the other representatives and negotiate with them
• behave in a way that is consistent, fair, and not a negative influence on the process.

This does not mean that you have to:

• give way (make concessions) during the process
• agree with other representatives on the terms in the agreement.

Complain about a bargaining representative

If you believe a representative is not bargaining in good faith, you can contact us to ask us for help.

We may:

• give you advice to help you run a fair and efficient bargaining process
• order the representative to follow the process if the application is for:
  • a single agreement
  • a multi-enterprise agreement with a low-paid authorisation.

We cannot give you legal advice. Find out where you can access legal help.