Bargaining representatives must behave in a way that makes the process fair and efficient. It is important to know how to bargain ‘in good faith’.
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The laws covering agreement making changed on 6 June 2023. Use this information if your notification time is before 6 June 2023. If notification time for your application is on or after 6 June 2023, see Changes to making Agreements for a summary of the new laws.
If you are a bargaining representative, you must:
take part in meetings at reasonable times
share relevant information without delay, unless it is confidential or commercially sensitive
respond to proposals from other representatives without delay
genuinely consider all proposals, and give the reasons for your responses
recognise the other representatives and negotiate with them
behave in a way that is consistent, fair, and not a negative influence on the process.
This does not mean that you have to:
give way (make concessions) during the process
agree with other representatives on the terms in the agreement.
Complain about a bargaining representative
If you believe a representative is not bargaining in good faith, you can contact us to ask us for help.
We may:
give you advice to help you run a fair and efficient bargaining process
order the representative to follow the process if the application is for:
a single agreement
a multi-enterprise agreement with a low-paid authorisation.
We cannot give you legal advice. Find out where you can access legal help.