Good faith bargaining requirements

Bargaining representatives for an enterprise agreement must meet the good faith bargaining requirements set out in s 228 of the Fair Work Act 2009 (Cth) (FW Act).

These obligations relate mainly to the process of bargaining, including requirements to meet with other bargaining representatives, disclose information, give genuine consideration and respond to proposals made by other bargaining representatives.

Going more to the substantive conduct of the parties in negotiations, bargaining representatives must also recognise and bargain with other representatives — and not engage in capricious or unfair conduct that undermines collective bargaining or freedom of association.

However, the good faith bargaining requirements do not require bargaining representatives to make concessions or reach agreement on terms to be included in an agreement.

The good faith bargaining requirements do not apply to a multi-enterprise agreement that is a greenfields agreement.

See Good faith bargaining requirements.