Bargaining under the Fair Work Act

Some key features of the Fair Work Act 2009 (Cth) (FW Act) are the changes introduced to the collective bargaining framework. We now have concepts such as majority support determinations, scope orders and good faith bargaining requirements. The past few months have seen a number of cases that give guidance on how these collective bargaining elements may operate in practice. It has not all been plain sailing for participants.

In this article we give an overview of some of the more interesting developments to date. The cases bear out the truth of the warning from our colleagues at DLA Piper in the USA that in a good faith bargaining environment you need to be prepared.

PART ONE

LET THE BARGAINING BEGIN – COMMENCING BARGAINING