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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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