See Fair Work Act 2009 s.228
One of the objects of Part 2-4 of the Fair Work Act is to provide a framework that enables collective bargaining in good faith, particularly at the enterprise level.
The Fair Work Act sets out the good faith bargaining requirements in section 228.
228 Bargaining representatives must meet the good faith bargaining requirements
- The following are the good faith bargaining requirements that a bargaining representative for a proposed enterprise agreement must meet:
- 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 made by other bargaining representatives for the agreement in a timely manner;
- giving genuine consideration to the proposals of other bargaining representatives for the agreement, and giving reasons for the bargaining representative’s responses to those proposals;
- refraining from capricious or unfair conduct that undermines freedom of association or collective bargaining;
- recognising and bargaining with the other bargaining representatives for the agreement.
Note: See also section 255A (limitations relating to greenfields agreements)
- The 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.