Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 228

Bargaining representatives must meet the good faith bargaining requirements

             (1)  The following are the good faith bargaining requirements that a bargaining representative for a proposed enterprise agreement must meet:

                     (a)  attending, and participating in, meetings at reasonable times;

                     (b)  disclosing relevant information (other than confidential or commercially sensitive information) in a timely manner;

                     (c)  responding to proposals made by other bargaining representatives for the agreement in a timely manner;

                     (d)  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;

                     (e)  refraining from capricious or unfair conduct that undermines freedom of association or collective bargaining;

                      (f)  recognising and bargaining with the other bargaining representatives for the agreement.

Note:          See also section 255A (limitations relating to greenfields agreements).

             (2)  The good faith bargaining requirements do not require:

                     (a)  a bargaining representative to make concessions during bargaining for the agreement; or

                     (b)  a bargaining representative to reach agreement on the terms that are to be included in the agreement.



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