Good Faith Bargaining
INTRODUCTION
Collective bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010, p.199). Good faith bargaining on the other hand, generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012, pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hour and other terms and conditions of employment”.
GOOD FAITH BARGAINING REQUIREMENTS
The key provisions relating to good faith bargaining obligations under FWA 2009- Section 228(1) mandate bargaining representatives for enterprise agreement to meet the under-listed requirements in order to ascertain that bargaining are done in good faith. * Attend and participate in meetings at reasonable times * Disclose relevant information but not confidential or commercially sensitive information in a timely manner. * Give genuine consideration to the proposals made by other bargaining representatives, and give reason to the responses made to those proposals. * Recognize and bargain with the other bargaining representatives * Refrain from unfair conduct that undermines freedom of association or collective bargaining * Respond to proposals made by other bargaining representatives in a timely manner
However, Section 228(2) says that, good faith bargaining requirements do not require a bargaining representative to make concessions during bargaining for the agreement and also to reach agreement on the terms that are to be included in the agreement.
The good faith bargaining obligations are given force by ability of the bargaining representative to apply to FWA under Section 229 for bargaining order, in
Collective bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010, p.199). Good faith bargaining on the other hand, generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012, pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hour and other terms and conditions of employment”.
GOOD FAITH BARGAINING REQUIREMENTS
The key provisions relating to good faith bargaining obligations under FWA 2009- Section 228(1) mandate bargaining representatives for enterprise agreement to meet the under-listed requirements in order to ascertain that bargaining are done in good faith. * Attend and participate in meetings at reasonable times * Disclose relevant information but not confidential or commercially sensitive information in a timely manner. * Give genuine consideration to the proposals made by other bargaining representatives, and give reason to the responses made to those proposals. * Recognize and bargain with the other bargaining representatives * Refrain from unfair conduct that undermines freedom of association or collective bargaining * Respond to proposals made by other bargaining representatives in a timely manner
However, Section 228(2) says that, good faith bargaining requirements do not require a bargaining representative to make concessions during bargaining for the agreement and also to reach agreement on the terms that are to be included in the agreement.
The good faith bargaining obligations are given force by ability of the bargaining representative to apply to FWA under Section 229 for bargaining order, in
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