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.
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Understanding Bargaining
Watch this short video to learn about the bargaining process and how enterprise agreements are made and approved.
Download our written summary Understanding bargaining.
Read our Making an enterprise agreement case study to see how a small business tailored pay and entitlements for their workplace.
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.