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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Good Faith Bargaining) Bill
2004
No. ,
2004
(Mr Emerson)
A
Bill for an Act to amend the Workplace Relations Act 1996, and for
related purposes
Contents
A Bill for an Act to amend the Workplace Relations Act
1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Good Faith
Bargaining) Act 2004.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After section 170MK
Insert:
(1) A negotiating party to a proposed agreement must take part in
negotiations and must negotiate in good faith and genuinely try to reach
agreement with the other negotiating party or parties.
Note: The issue of whether a negotiating party is
negotiating in good faith with the other negotiating parties was considered by
Justice Munro in Morris McMahon & Co Pty Ltd v Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union,
PR931192.
(2) This section is not to be taken to require a negotiating party
to:
(a) agree on any matter for inclusion in an agreement; or
(b) enter into an agreement.
(3) For the purposes of subsection (1) “negotiating in good
faith” includes:
(a) agreeing to meet face-to-face at reasonable times proposed by another
party; and
(b) attending meetings that the party had agreed to attend; and
(c) complying with negotiating procedures agreed to by the parties;
and
(d) subject to appropriate undertakings as to confidentiality, disclosing
relevant financial information, including executive remuneration, for the
purposes of negotiations; and
(e) stating a position on matters at issue, and explaining that position;
and
(f) considering and responding to proposals made by another negotiating
party; and
(g) adhering to commitments given to another negotiating party or parties
in respect of meetings and responses to matters raised during negotiations;
and
(h) dedicating sufficient resources and personnel to ensure genuine
bargaining.
(4) For the purpose of subsection (1) a party must not:
(a) capriciously add or withdraw items for negotiation; or
(b) refuse or fail to negotiate with one or more of the parties;
or
(c) in or in connection with the negotiations, refuse or fail to negotiate
with a person who is entitled under this Part to represent an employee, or with
a person who is a representative chosen by a negotiating party to represent it
in the negotiations; or
(d) in or in connection with the negotiations, bargain with, attempt to
bargain with, or make offers to, persons other than another negotiating party,
about matters which are the subject of the negotiations.
(1) For the purposes of section 170MKA, the Commission may make
orders to:
(a) ensure that a negotiating party negotiates with another negotiating
party; or
(b) ensure that negotiating parties to a proposed agreement negotiate in
good faith; or
(c) promote the efficient conduct of negotiations for a proposed
agreement; or
(d) otherwise facilitate the making of an agreement.
(2) In determining what orders (if any) to make, the Commission:
(a) must consider whether a negotiating party has negotiated in good faith
pursuant to the obligations imposed by section 170MKA; and
(b) may consider:
(i) proposed conduct of any of the parties (including proposed conduct of
a kind referred to in paragraph (a)); and
(ii) any other relevant matter.
(3) Without limiting the generality of subsection (1), the Commission
may make orders that a negotiating party take, or refrain from taking, specified
action, including:
(a) requiring a negotiating party to adhere to commitments given to
another negotiating party or parties in respect of meetings and responses to
matters raised during negotiations; and
(b) setting time limits for the completion of negotiations in respect of a
proposed agreement.
(4) The Commission may not make an order which will:
(a) prevent a negotiating party from trying to reach an agreement with
another negotiating party; or
(b) require a negotiating party to:
(i) agree on any matter for inclusion in an agreement; or
(ii) enter into an agreement.