What is ‘Good Faith Bargaining’?
The Fair Work Act requires that all parties taking part in Enterprise Bargaining negotiations must do so in good faith. The Act sets out what actions are required in order to fulfil this requirement: • attend, and participate in, meetings at reasonable times; • disclose relevant information (other than confidential or commercially sensitive information) in a timely manner; • respond to proposals made by other bargaining representatives for the agreement in a timely manner; • give genuine consideration to the proposals of other bargaining representatives for the agreement, and give reasons for the bargaining representative’s responses to those proposals; • recognise and bargain with the other bargaining representatives for the agreement; and • refrain from capricious or unfair conduct that undermines freedom of association (i.e. the right to join – or not to join – a trade union) or collective bargaining.
