Fair Work Act 2009

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.

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.