Introduction
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’.
Content
Content
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.