Good Faith Collective Bargaining

Under the new Fair Work Act, the Government has introduced significant changes to the framework for collective bargaining.

"Good faith bargaining" is an integral part of these reforms.

The concept is designed to redress an apparent imbalance between the rights of employers and employees under the previous legislation, and to lessen the likelihood of industrial action in the event of stalled negotiations.

The Act regulates the process by advising employees of their right to be represented at the commencement of bargaining.
In addition, pursuant to s.228 of the Act (yet to commence), bargaining representatives must meet the good faith bargaining requirements:

• Attending, and participating in, meetings at reasonable times;