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ARTICLE · 23 MAY 2017

Good faith bargaining – when is enough, enough?

Cooper Grace Ward
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Good faith bargaining does require parties to negotiate with a genuine objective or intention of reaching an agreement.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
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The Fair Work Commission (FWC) has recently confirmed that, following a period of bargaining in good faith, an employer is entitled to cease negotiations and put its best and final offer to its employees for a vote.

Facts

This matter involved negotiations between WorkPac Pty Ltd and the CFMEU to replace the existing enterprise agreement. Prior to the hearing of this application in the FWC, the parties had bargained extensively over an extended period of time.

The final bargaining meeting between the parties took place on 7 March 2017, where no final agreement was reached. On 13 March 2017, WorkPac sent an email to the CFMEU that attached a further draft of the proposed agreement entitled 'version 13'. This version contained a 'casual conversion clause' and a revised classification structure. The email stated that this was WorkPac's best offer and requested that the bargaining representatives respond by 16 March 2017.

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